R v Merritt [2002] NSWCCA 368

R v Merritt [2002] NSWCCA 368

The attempted arrest was unlawful because, although the police had reasonable and probable cause to believe the appellant was in the caravan and had committed an offence justifying arrest, they did not state a lawful reason for entry before entering. The later reference to driving matters occurred after entry and too late. Entry against the occupant's expressed refusal was forcible even though the caravan door was open.

Jurisdiction
Australia
Judgment Date
02 September 2002
Procedural Posture
Criminal Appeal Against Conviction; Application for Leave to Appeal Against Sentence / Court of Criminal Appeal
Outcome
Appeal allowed; conviction and sentence quashed; verdict and judgment of acquittal directed.
Legal Topics
['using an Offensive Weapon to Prevent Lawful Arrest' 'lawfulness of Arrest' 'forcible Entry to Private Premises' 'police Announcement Before Entry']
['criminal Law' 'criminal Procedure'] ['using an Offensive Weapon to Prevent Lawful Arrest' 'lawfulness of Arrest' 'forcible Entry to Private Premises' 'police Announcement Before Entry']

Case Brief

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Procedural Posture

Criminal Appeal Against Conviction; Application for Leave to Appeal Against Sentence / Court of Criminal Appeal

Legal Issues

  1. 1 ['Whether the attempted arrest of the appellant was lawful in the circumstances.' "Whether police officers had the necessary basis for entering the appellant's caravan to arrest him." 'Whether the police officers made a proper announcement before entering the caravan.' 'Whether entry through an open caravan door against the will of the occupant was a forcible entry.']

Ratio Decidendi

The attempted arrest was unlawful because, although the police had reasonable and probable cause to believe the appellant was in the caravan and had committed an offence justifying arrest, they did not state a lawful reason for entry before entering. The later reference to driving matters occurred after entry and too late. Entry against the occupant's expressed refusal was forcible even though the caravan door was open.

Court Disposition

Appeal allowed; conviction and sentence quashed; verdict and judgment of acquittal directed.

Orders

  • ['The appeal be allowed.' 'The conviction and sentence be quashed.' 'This Court direct entry of a verdict and judgment of acquittal.']