New South Wales v Robinson

HIGH COURT OF AUSTRALIAKIEFEL CJ,BELL, GAGELER, KEANE, NETTLE, GORDON AND EDELMAN JJSTATE OF NEW SOUTH WALES  APPELLANTANDBRADFORD JAMES ROBINSON  RESPONDENTNew South Wales v Robinson[2019] HCA 46Date of Hearing: 3 September 2019Date of Judgment: 4 December 2019S119/2019ORDERAppeal dismissed with costs. On appeal from the Supreme Court of New South WalesRepresentationJ K Kirk SC with P D Herzfeld for the appellant (instructed by McCabe Curwood Pty Ltd)D R J Toomey SC with D C Morgan and D J Woodbury for the respondent (instructed by Foott, Law & Co Solicitors)Notice:  This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.CATCHWORDSNew South Wales v RobinsonPolice – Arrest without warrant – Where s 99(1) of Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) provides that police officer may, without warrant, arrest person if police officer suspects on reasonable grounds that person is committing or has committed offence and police officer is satisfied that arrest is reasonably necessary for one or more specified reasons – Where s 99(3) provides that police officer who arrests person under s 99 must, as soon as is reasonably practicable, take person before authorised officer to be dealt with according to law – Where police officer had not formed intention to charge arrested person with offence at time of arrest – Where police officer had not formed intention to bring arrested person before authorised officer to be dealt with according to law at time of arrest – Where arrested person...