R v Iorlano; Re Mullally; Ex parte A-G (Cth) [1983] HCA 43

R v Iorlano; Re Mullally; Ex parte A-G (Cth) [1983] HCA 43

Section 212 of the Customs Act 1901 Cth, properly construed, does not authorize detention of an arrested person for the purpose of questioning, and an arresting officer's wish to question the person is not a legitimate reason for delaying taking the person before a Justice; the Attorney-General's applications therefore failed.

Jurisdiction
Australia
Procedural Posture
Applications for Leave to Appeal or Prerogative Relief / High Court Applications Challenging Rulings on Questions of Admissibility of Evidence
Outcome
Applications dismissed with costs.
Legal Topics
['detention After Arrest' 'questioning of Arrested Persons' 'taking Arrested Persons Before a Justice' 'admissibility of Evidence']
['criminal Procedure' 'customs Law' 'evidence'] ['detention After Arrest' 'questioning of Arrested Persons' 'taking Arrested Persons Before a Justice' 'admissibility of Evidence']

Case Brief

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Procedural Posture

Applications for Leave to Appeal or Prerogative Relief / High Court Applications Challenging Rulings on Questions of Admissibility of Evidence

Legal Issues

  1. 1 ['Whether s. 212 of the Customs Act 1901 Cth authorizes an officer of customs or of police to detain an arrested person for the purpose of questioning him.' "Whether an arresting officer's desire to question an arrested person is a legitimate reason for delay in taking the person before a Justice."]

Ratio Decidendi

Section 212 of the Customs Act 1901 Cth, properly construed, does not authorize detention of an arrested person for the purpose of questioning, and an arresting officer's wish to question the person is not a legitimate reason for delaying taking the person before a Justice; the Attorney-General's applications therefore failed.

Court Disposition

Applications dismissed with costs.

Orders

  • ['In each case: Application dismissed with costs.' 'Both applications are dismissed.']