Police v Brett Lee Nye [2003] NSWLC 9

Police v Brett Lee Nye [2003] NSWLC 9

The officer failed to comply with the statutory requirements for the move-on direction and unlawfully and improperly arrested a 13 year old child for a minor matter in circumstances inconsistent with the Children (Criminal Proceedings) Act, the Young Offenders Act, and principles that arrest is a last resort. The defendant's alleged threats were made almost immediately after, and substantially contributed to by, that unlawful or improper arrest. The prosecution did not satisfy the court that the evidence should be admitted under s138 of the Evidence Act 1995. In any event, the prosecution failed to prove beyond doubt that the officer was acting in the execution of his duty because the...

Jurisdiction
Australia
Judgment Date
20 December 2002
Procedural Posture
Criminal Prosecution for Intimidate Police Pursuant to S60(1) Crimes Act 1900 / Hearing; Admissibility Ruling Under S138 Evidence Act 1995 and Determination of Whether Police Were Acting in Execution of Duty
Outcome
Charge dismissed.
Legal Topics
['arrest' 'move on Directions' 'improperly or Illegally Obtained Evidence' 'execution of Police Duty' 'young Offenders']
['criminal Law' 'evidence' 'criminal Procedure'] ['arrest' 'move on Directions' 'improperly or Illegally Obtained Evidence' 'execution of Police Duty' 'young Offenders']

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Procedural Posture

Criminal Prosecution for Intimidate Police Pursuant to S60(1) Crimes Act 1900 / Hearing; Admissibility Ruling Under S138 Evidence Act 1995 and Determination of Whether Police Were Acting in Execution of Duty

Legal Issues

  1. 1 ['Whether evidence of the alleged intimidation should be excluded under s138 of the Evidence Act 1995 because it was obtained improperly or in contravention of Australian law.' 'Whether the arrest of the 13 year old child following a move-on direction was unlawful or improper.' 'Whether the alleged intimidatory words were obtained in consequence of the unlawfulness or impropriety.' 'Whether the prosecution proved that the police officer was acting in the execution of his duty.']

Ratio Decidendi

The officer failed to comply with the statutory requirements for the move-on direction and unlawfully and improperly arrested a 13 year old child for a minor matter in circumstances inconsistent with the Children (Criminal Proceedings) Act, the Young Offenders Act, and principles that arrest is a last resort. The defendant's alleged threats were made almost immediately after, and substantially contributed to by, that unlawful or improper arrest. The prosecution did not satisfy the court that the evidence should be admitted under s138 of the Evidence Act 1995. In any event, the prosecution failed to prove beyond doubt that the officer was acting in the execution of his duty because the...

Court Disposition

Charge dismissed.

Orders

  • ['Charge dismissed.']