Donaldson, R.A. v Broomby, I.C. [1982] FCA 53

Donaldson, R.A. v Broomby, I.C. [1982] FCA 53

Only the power of arrest without warrant provided by s.8A of the Crimes Act 1914 (Cth) was operative in the ACT as at the relevant time. The respondent did not satisfy the statutory conditions for a warrantless arrest outlined in s.8A because he had no reasonable belief that proceedings by summons would not be effective. Since s.352 of the Crimes Act 1900 (NSW) was not in force, acts in purported pursuance of it received no protection from s.563. Therefore, the arrest was unlawful and the statutory protection did not apply.

Parties
Appellant: Robert Alexander Donaldson; Respondent: Ian Collings Broomby
Jurisdiction
Australia
Judgment Date
23 April 1982
Procedural Posture
Appeal / Judgment on Appeal From Supreme Court of the Australian Capital Territory
Outcome
Appeal allowed. Orders of the Supreme Court of the Australian Capital Territory set aside. Judgment entered for the appellant for damages.
Legal Topics
False Imprisonment, Arrest Without Warrant, Police Powers, Limitation of Actions, Implied Repeal, Notice of Action, Mistake of Law, Statute Inconsistency
Tort Law Criminal Procedure Statutory Interpretation False Imprisonment Arrest Without Warrant Police Powers Limitation of Actions Implied Repeal +3 more

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Parties

Robert Alexander Donaldson

Appellant

Ian Collings Broomby

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether Inspector Broomby had lawful power to arrest the appellant without a warrant under the operative law of the Australian Capital Territory at the relevant time.
  2. 2 Whether the protection of s.563 of the Crimes Act 1900 (NSW) applied to bar the action for unlawful arrest and false imprisonment, given the respondent's honest but mistaken belief in the existence of a statutory power.
  3. 3 Whether s.352 of the Crimes Act 1900 (NSW) and s.18(e) of the Police Ordinance 1927 (ACT) remained operative or were impliedly repealed by s.8A of the Crimes Act 1914 (Cth).

Ratio Decidendi

Only the power of arrest without warrant provided by s.8A of the Crimes Act 1914 (Cth) was operative in the ACT as at the relevant time. The respondent did not satisfy the statutory conditions for a warrantless arrest outlined in s.8A because he had no reasonable belief that proceedings by summons would not be effective. Since s.352 of the Crimes Act 1900 (NSW) was not in force, acts in purported pursuance of it received no protection from s.563. Therefore, the arrest was unlawful and the statutory protection did not apply.

Court Disposition

Appeal allowed. Orders of the Supreme Court of the Australian Capital Territory set aside. Judgment entered for the appellant for damages.

Orders

  • Judgment in the amount of $1000 in favour of the appellant against the respondent for damages for wrongful arrest.
  • Respondent to pay appellant’s costs of the action, taxed on full scale.