Commissioner of Police v Duthie [1989] AFPDT 8

Commissioner of Police v Duthie [1989] AFPDT 8

On the evidence presented, there was no arrest, as there was no physical restraint, coercion, or credible assertion of overborne will; the notifications against the respondents are dismissed.

Parties
Applicant: Commissioner of Police; Respondent: Sergeant Michael Keith Duthie; Respondent: Constable John Douglas Curtis
Jurisdiction
Australia
Judgment Date
14 December 1989
Procedural Posture
Disciplinary / Reasons for Decision
Outcome
notifications dismissed
Legal Topics
Arrest, Contravention of General Instruction, Evidentiary Assessment
Police Disciplinary Law Arrest Contravention of General Instruction Evidentiary Assessment

Case Brief

Summary, issues, holding and outcome

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Parties

Commissioner of Police

Applicant

Sergeant Michael Keith Duthie

Respondent

Constable John Douglas Curtis

Respondent

Procedural Posture

Disciplinary / Reasons for Decision

Legal Issues

  1. 1 Whether the respondents arrested Michael Neil Whitty when proceeding by summons would have been effective
  2. 2 Whether an arrest occurred in the circumstances described

Ratio Decidendi

On the evidence presented, there was no arrest, as there was no physical restraint, coercion, or credible assertion of overborne will; the notifications against the respondents are dismissed.

Court Disposition

notifications dismissed

Orders

  • The notifications against each of the respondents are dismissed.
  • The Commonwealth of Australia is to pay the costs of the Respondents.