Prior v Mole

HIGH COURT OF AUSTRALIAKIEFEL, BELL, GAGELER, NETTLE AND GORDON JJANTHONY PRIOR  APPELLANTANDROBERT MOLE  RESPONDENTPrior v Mole[2017] HCA 108 March 2017D5/2016ORDERAppeal dismissed.On appeal from the Supreme Court of the Northern TerritoryRepresentationB E Walters QC with E M Nekvapil and F L Batten for the appellant (instructed by North Australian Aboriginal Justice Agency)S L Brownhill SC, Solicitor-General for the Northern Territory with T J Moses for the respondent (instructed by Solicitor for the Northern Territory)Notice:  This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.CATCHWORDSPrior v MoleCriminal law – Procedure – Apprehension and detention – Reasonable grounds – Where appellant drinking alcohol in public place near shops selling alcohol – Where appellant intoxicated and behaving belligerently towards police – Where appellant apprehended on basis of police officer's belief that appellant would commit offence of drinking liquor in regulated place – Whether belief held on reasonable grounds – Whether policing experience valid basis for reasonable grounds for forming belief.Criminal law – Procedure – Apprehension and detention – Statutory powers of apprehension – Where appellant apprehended on basis of police officer's belief that appellant would commit offence of drinking liquor in regulated place – Where maximum penalty for offence forfeiture of liquor and issue of contravention notice – Whether decision to apprehend exceeded limits of apprehension power.Words and phrases – "likely to commit an offence", "policing experience", "reasonable grounds".Liquor Act (NT), s 101U(1).Police Administration Act (NT), s 128(1).KIEFEL AND BELL JJ. Section 128(1)...