Recent Cases

Reeves v State of New South Wales [2024] NSWCA 125 (24 May 2024) (Bell CJ, White and Stern JJA)


Catchwords:


TORTS – trespass to the person – wrongful arrest – battery – false imprisonment – whether Appellant’s arrest was an unlawful exercise of power pursuant to s 99 of the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) – whether police officer was satisfied that the Appellant’s arrest was “reasonably necessary” – whether requirement that a police officer be satisfied that an arrest is “reasonably necessary” requires an objective or subjective assessment

TORTS – trespass to the person – false imprisonment – ss 114-116 of the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) – whether the Appellant who was otherwise lawfully detained was “falsely imprisoned” for 16 minutes when he was questioned in an interview room after he had made it clear that he did not wish to answer any further questions – where most of the 16 minutes was not spent questioning the Appellant but in reading him the complainant’s statement – whether the Appellant was falsely imprisoned during period where police officers were awaiting the issuance of an Provision Apprehended Violence Order – whether Jones v Dunkel inference can be drawn in relation to State’s failure to call the Custody Manager

TORTS – malicious prosecution – whether police officers were actuated by malice – whether proceedings were brought to mollify the complainant and her mother or to punish conduct which the police officers considered to be inappropriate