R v McClean [2008] NSWLC 11

R v McClean [2008] NSWLC 11

Prosecution failed to prove beyond reasonable doubt that the police were acting in the execution of their duty as the arrest was not lawful; arrest for investigation is not a permitted purpose under s99(3) LEPRA nor at common law.

Jurisdiction
Australia
Judgment Date
29 May 2008
Procedural Posture
Criminal / Preliminary Voir Dire and Ruling on Admissibility and 'execution of Duty'
Outcome
charges dismissed
Legal Topics
['police Powers' 'arrest' 'execution of Duty' 'admissibility of Evidence']
['criminal Law'] ['police Powers' 'arrest' 'execution of Duty' 'admissibility of Evidence']

Case Brief

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Procedural Posture

Criminal / Preliminary Voir Dire and Ruling on Admissibility and 'execution of Duty'

Legal Issues

  1. 1 ['whether the police were acting in the execution of their duty at the time of arrest' 'whether evidence obtained was admissible pursuant to s138 of the Evidence Act']

Ratio Decidendi

Prosecution failed to prove beyond reasonable doubt that the police were acting in the execution of their duty as the arrest was not lawful; arrest for investigation is not a permitted purpose under s99(3) LEPRA nor at common law.

Court Disposition

charges dismissed

Orders

  • ['charges are dismissed']