Roy v O'NeillCitation:[2020] HCA 45Before:Kiefel CJ, Bell, Gageler, Keane, Edelman JJDate:09 Dec 2020Case Number:D2/2020Read more

Roy v O'NeillCitation:[2020] HCA 45Before:Kiefel CJ, Bell, Gageler, Keane, Edelman JJDate:09 Dec 2020Case Number:D2/2020Read more

The court held that the police were acting within the scope of the common law implied licence to approach and knock for a lawful purpose, namely to check compliance with the Domestic Violence Order, and that the evidence of the breath test was lawfully obtained and admissible.

Parties
Appellant: Appellant; Respondent: Respondent
Jurisdiction
Australia
Judgment Date
09 December 2020
Procedural Posture
Criminal Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Admissibility of Evidence, Trespass, Domestic Violence Orders, Police Powers
Criminal Law Evidence Law Property Law Admissibility of Evidence Trespass Domestic Violence Orders Police Powers

Case Brief

Summary, issues, holding and outcome

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Parties

Appellant

Appellant

Respondent

Respondent

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

  1. 1 Whether evidence of breath test was lawfully obtained
  2. 2 Whether police trespassed when attending the appellant's unit
  3. 3 Whether common law implied licence permitted police to approach and knock

Ratio Decidendi

The court held that the police were acting within the scope of the common law implied licence to approach and knock for a lawful purpose, namely to check compliance with the Domestic Violence Order, and that the evidence of the breath test was lawfully obtained and admissible.

Court Disposition

appeal dismissed

Orders

  • Evidence of breath test admitted
  • Conviction upheld