Full Court Minute Books

Case S119/2019

State of New South Wales v. Robinson

Case No.

S119/2019

Case Information

Lower Court Judgment

16/10/2018 Supreme Court of New South Wales (Court of Appeal)
(McColl JA, Basten JA, Emmett AJA)

[2018] NSWCA 231

Catchwords

Tort law – False imprisonment and wrongful arrest – Where respondent was suspected of breach of an apprehended violence order by police officer – Where respondent was arrested under s 99 of Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) – Where no decision to charge made at time of arrest – Whether Court of Appeal erred in concluding that, for an arrest to be lawful under s 99, there is an implied requirement that arresting officer intend to charge arrested person with offence.

Short particulars

Documents*

12/04/2019 Hearing (SLA, Sydney)

18/04/2019 Notice of appeal

31/05/2019 Written submissions (Appellant)

31/05/2019 Chronology (Appellant)

27//06/2019 Written submissions (Respondent)

18/07/2019 Reply (Appellant)

03/09/2019 Hearing (Full Court, Canberra) (Audio-visual recording)

03/09/2019 Outline of oral argument (Appellant)

03/09/2019 Outline of oral argument (Respondent)