Nolan v Clifford [1904] HCA 15

Nolan v Clifford [1904] HCA 15

Section 352 of the Crimes Act 1900 does not authorize a constable to arrest without warrant a person whom he, with reasonable cause, suspects of having committed a misdemeanour or an offence punishable on summary conviction; its power is limited to felonies. The law as to arrest without warrant is unaltered from the common law by the Consolidating Act.

Parties
Appellant; Defendant: Nolan; Respondent; Plaintiff: Clifford
Jurisdiction
Australia
Judgment Date
29 June 1904
Procedural Posture
Appeal / On Appeal From an Interlocutory Order of the Supreme Court of New South Wales Refusing to Grant a Rule Nisi for a New Trial on Certain Grounds
Outcome
appeal dismissed
Legal Topics
Arrest Without Warrant, False Imprisonment, Constable Powers, Statute Consolidation, Construction of Statutes
Criminal Law Statutory Interpretation Torts Arrest Without Warrant False Imprisonment Constable Powers Statute Consolidation Construction of Statutes

Case Brief

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Parties

Nolan

Appellant; Defendant

Clifford

Respondent; Plaintiff

Procedural Posture

Appeal / On Appeal From an Interlocutory Order of the Supreme Court of New South Wales Refusing to Grant a Rule Nisi for a New Trial on Certain Grounds

Legal Issues

  1. 1 Whether section 352 of the Crimes Act 1900 authorizes a constable to arrest without warrant a person reasonably suspected of having committed an offence not amounting to felony
  2. 2 Whether 'rescue' remains a misdemeanour at common law notwithstanding section 47 of the Impounding Act 1898
  3. 3 Construction of consolidating statutes regarding alteration of common law or statutory rights

Ratio Decidendi

Section 352 of the Crimes Act 1900 does not authorize a constable to arrest without warrant a person whom he, with reasonable cause, suspects of having committed a misdemeanour or an offence punishable on summary conviction; its power is limited to felonies. The law as to arrest without warrant is unaltered from the common law by the Consolidating Act.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed with costs.