Prior v. Mole

Lower Court Judgment

3/03/2016 Supreme Court of the Northern Territory (Court of Appeal) (Riley CJ, Kelly J, Hiley J)

[2016] NTCA 2

Catchwords

Criminal law – Where appellant was taken into protective custody under the Police Administration Act (NT) s 128 – Where appellant spat on police officer – Where appellant was convicted of assault – Construction of s 128(1) of the Police Administration Act (NT) – Exercise of power under s 128(1) – Whether the Police Officer had reasonable grounds to establish that the appellant was likely to commit another offence – Whether the appellants apprehension was lawful.

Short Particulars