The Queen v Rolfe [2021] HCA 38

Section 148B of the Police Administration Act 1978 (NT) does not extend the protection from civil or criminal liability to the core functions listed in s 5(2); it is confined to functions and powers conferred upon police members by s 25 (encompassing statutory and common law powers) and the specific statutory power...

Source-derived case information.

Parties: Applicant: The Queen; Respondent: Zachary Rolfe
Jurisdiction: Australia
Judgment Date: 10 November 2021
Procedural Posture: Application for Special Leave and Appeal / Special Leave to Appeal Granted; Appeal Allowed
Outcome: Special leave to appeal granted; appeal allowed
Legal Topics: Defences—police Power Immunity, Construction of Police Immunity Provisions, Fragmentation of Criminal Proceedings

Criminal Law Statutory Interpretation Defences—police Power Immunity Construction of Police Immunity Provisions Fragmentation of Criminal Proceedings

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Full judgment text Downloadable case file Legal principles 5 Authorities cited 22 Party arguments 2

Parties

The Queen

Applicant

Zachary Rolfe

Respondent

Procedural Posture

Application for Special Leave and Appeal / Special Leave to Appeal Granted; Appeal Allowed

Legal Issues

1 Whether 'function' under s 148B of the Police Administration Act 1978 (NT) includes the functions listed in s 5(2) of that Act
2 Whether Full Court erred in reformulating referred question on law before trial

Ratio Decidendi

Court Disposition

Special leave to appeal granted; appeal allowed

Orders

Special leave to appeal granted.
Appeal allowed.

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