N T v R [2010] NSWDC 348

N T v R [2010] NSWDC 348

The conduct of the police in arresting the appellant, a thirteen year old girl, without properly considering alternatives to arrest or the minor nature of the breach amounted to an impropriety. This conduct fell below the minimum standards expected of law enforcement. As a result, and after balancing probative value against impropriety, the evidence obtained was excluded, and there remained no evidence to support the convictions, requiring the appeal to be upheld and convictions quashed.

Jurisdiction
Australia
Judgment Date
24 November 2010
Procedural Posture
Criminal Appeal / Appeal Against Conviction From Children's Court
Outcome
Appeal upheld, convictions quashed
Legal Topics
['improperly Obtained Evidence' 'arrest Without Warrant' 'bail Breaches' "children's Court Procedures"]
['criminal Law' 'evidence'] ['improperly Obtained Evidence' 'arrest Without Warrant' 'bail Breaches' "children's Court Procedures"]

Case Brief

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Procedural Posture

Criminal Appeal / Appeal Against Conviction From Children's Court

Legal Issues

  1. 1 ['Whether evidence relied upon for conviction was improperly obtained and thus inadmissible under s 138 of the Evidence Act 1995' 'Whether the police conduct in arresting the appellant fell below community standards required of law enforcement officers']

Ratio Decidendi

The conduct of the police in arresting the appellant, a thirteen year old girl, without properly considering alternatives to arrest or the minor nature of the breach amounted to an impropriety. This conduct fell below the minimum standards expected of law enforcement. As a result, and after balancing probative value against impropriety, the evidence obtained was excluded, and there remained no evidence to support the convictions, requiring the appeal to be upheld and convictions quashed.

Court Disposition

Appeal upheld, convictions quashed

Orders

  • ['The convictions are quashed.' 'The sentences are quashed.']