Michaels v The Queen [1995] HCA 8

Procedural Posture

Criminal Appeal Against Conviction for Escaping From Lawful Custody Under S 47 of the Crimes Act 1914 Cth / Appeal to the High Court of Australia From the Court of Criminal Appeal of New South Wales

Legal Issues

1. 1 ['Whether the appellant was in lawful custody at the time he escaped.' 'Whether there had been undue delay in taking the appellant before a justice under s 212 of the Customs Act 1901 Cth.' "Whether detention for questioning made the appellant's custody unlawful." 'Whether an unlawful detention could later become lawful if the police resumed the lawful purpose of taking the appellant before a justice without undue delay and the appellant understood he was not free to leave.']

Ratio Decidendi

The majority held that it was open to the jury to find there had been no undue delay by the time of the escape. Even if the appellant's detention had become unlawful during questioning, it became lawful again when the police resumed the purpose of taking him before a justice without undue delay and made clear that he was not free to leave. Detective Wilson told the appellant that papers would be prepared and that he would be charged with possession of cocaine, two officers remained with him, and his escape through a smashed window showed he understood he was in custody. Although the jury should have been directed that the appellant had to be still under arrest and aware of that, the...

Court Disposition

Appeal dismissed

Orders

• ['Appeal dismissed']