Webster, Edward David & Anor v. McIntosh, Victor John [1980] FCA 156

Webster, Edward David & Anor v. McIntosh, Victor John [1980] FCA 156

Section 18(e) of the Ordinance, so far as it relates to arresting a person suspected of having committed an offence, was impliedly repealed by the amendment to s.8A of the Crimes Act 1924. Therefore, the appellants did not have statutory justification under s.18(e) for the arrest of the respondent.

Parties
Appellant: Edward David Webster; Appellant: Wayne Colin Dav; Respondent: Victor John McIntosh
Jurisdiction
Australia
Judgment Date
06 November 1980
Procedural Posture
Appeal / Judgment After Appeal Hearing
Outcome
appeal dismissed
Legal Topics
Arrest Without Warrant, Implied Repeal, Statutory Construction
Criminal Law Police Powers Arrest Without Warrant Implied Repeal Statutory Construction

Case Brief

Summary, issues, holding and outcome

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Parties

Edward David Webster

Appellant

Wayne Colin Dav

Appellant

Victor John McIntosh

Respondent

Procedural Posture

Appeal / Judgment After Appeal Hearing

Legal Issues

  1. 1 Whether s.18(e) of the Ordinance was impliedly repealed by amendment to s.8A of the Crimes Act 1924
  2. 2 Whether police had statutory justification under s.18(e) to arrest the respondent

Ratio Decidendi

Section 18(e) of the Ordinance, so far as it relates to arresting a person suspected of having committed an offence, was impliedly repealed by the amendment to s.8A of the Crimes Act 1924. Therefore, the appellants did not have statutory justification under s.18(e) for the arrest of the respondent.

Court Disposition

appeal dismissed

Orders

  • The appeal be dismissed.
  • The appellants pay the respondent's costs.