Curro v R (No. 1) [2021] NSWDC 757

Curro v R (No. 1) [2021] NSWDC 757

Police had reasonable cause to believe arrest was necessary for breach of AVO; officers acted on information provided, which is permissible in law. The alleged use of excessive force during arrest, even if proven, does not vitiate the legality of the arrest or conviction.

Jurisdiction
Australia
Judgment Date
17 September 2021
Procedural Posture
Criminal Appeal / Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
['appeal Against Conviction' 'resisting Police' 'assaulting Police' 'lawful Arrest' 'use of Force in Arrest']
['criminal Law'] ['appeal Against Conviction' 'resisting Police' 'assaulting Police' 'lawful Arrest' 'use of Force in Arrest']

Case Brief

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Procedural Posture

Criminal Appeal / Appeal Judgment

Legal Issues

  1. 1 ['Whether the arrest was lawfully executed under s 99 and s 231 of LEPRA' 'Whether excessive force used by police vitiated the arrest or conviction']

Ratio Decidendi

Police had reasonable cause to believe arrest was necessary for breach of AVO; officers acted on information provided, which is permissible in law. The alleged use of excessive force during arrest, even if proven, does not vitiate the legality of the arrest or conviction.

Court Disposition

Appeal dismissed

Orders

  • ['The appeal against the two convictions recorded that are the subject of the all grounds appeal is accordingly dismissed.']