Brown, J. v. G.J. Coles & Coy Ltd & Ors [1985] FCA 128

Brown, J. v. G.J. Coles & Coy Ltd & Ors [1985] FCA 128

The arrest and detention by the store detective and manager were justified under s.352 of the Crimes Act 1900 (NSW) as applied in the ACT, as there was reasonable cause for suspicion and the process of handing over to police was prompt and not unreasonably delayed. The period of detention was reasonable in the circumstances, given police were called promptly and took charge upon arrival. The trial judge was entitled to rely on the evidence of the store detective, applied the correct standard of proof on the balance of probabilities (with regard to the gravity of the allegation), and made findings open to him on the evidence. The appeal is dismissed.

Parties
Appellant: Jonathan Brown; First Named Respondent: G.J. Coles & Coy Limited trading as Coles New World Supermarket; Second Named Respondent: Judith Ann Eales; Third Named Respondent: Ross Shaw
Jurisdiction
Australia
Judgment Date
04 April 1985
Procedural Posture
Civil Appeal / Judgment on Appeal From Supreme Court of the Australian Capital Territory
Outcome
Appeal dismissed
Legal Topics
False Imprisonment, Wrongful Arrest, Powers of Private Arrest, Larceny, Standard of Proof in Civil Actions Involving Crimes, Detention Duration and Legality, Justification for Arrest, Shoplifting/store Theft
Tort Law Criminal Law Civil Procedure False Imprisonment Wrongful Arrest Powers of Private Arrest Larceny Standard of Proof in Civil Actions Involving Crimes +3 more

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Parties

Jonathan Brown

Appellant

G.J. Coles & Coy Limited trading as Coles New World Supermarket

First Named Respondent

Judith Ann Eales

Second Named Respondent

Ross Shaw

Third Named Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal From Supreme Court of the Australian Capital Territory

Legal Issues

  1. 1 Whether the arrest and detention of the appellant by the respondents amounted to wrongful arrest and false imprisonment under the governing statute and common law.
  2. 2 Whether the statutory requirements for private arrest were complied with, including the requirement to take the arrested person before a justice or magistrate without undue delay.
  3. 3 Whether the period or manner of detention was unreasonably long or undertaken for an improper purpose.

Ratio Decidendi

The arrest and detention by the store detective and manager were justified under s.352 of the Crimes Act 1900 (NSW) as applied in the ACT, as there was reasonable cause for suspicion and the process of handing over to police was prompt and not unreasonably delayed. The period of detention was reasonable in the circumstances, given police were called promptly and took charge upon arrival. The trial judge was entitled to rely on the evidence of the store detective, applied the correct standard of proof on the balance of probabilities (with regard to the gravity of the allegation), and made findings open to him on the evidence. The appeal is dismissed.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.
  • The appellant is to pay the respondents' costs of the appeal to be agreed or taxed.