Roy v. O’Neill

Lower Court Judgment

04/09/2019 Supreme Court of the Northern Territory (Southwood ACJ, Kelly J and Riley AJ)

[2019] NTCA 8

Catchwords

Evidence – Admissibility  of evidence obtained in course of “pro-active” policing of compliance with Domestic Violence Order – Whether common law recognises implied license permitting all people, including police, to attend upon unobstructed private property as far as front door and to knock on front door for purpose of lawful communication, such licence only being excluded where attendee otherwise has unlawful purpose – How to ascertain existence and scope of any implied licence at common law in favour of person who attends on unobstructed private property only so far as front door – Nature of relationship between common law doctrines of implied licence and police powers to prevent breach of peace.

Short particulars