High Court of Australia

Prior v Mole [2017] HCA 10

8 Mar 2017

Case Number: D5/2016

Before

Kiefel CJ, Bell, Gageler, Nettle, Gordon JJ

Catchwords

Criminal law – Procedure – Apprehension and detention – Reasonable grounds – Where appellant drinking alcohol in public place near shops selling alcohol – Where appellant intoxicated and behaving belligerently towards police – Where appellant apprehended on basis of police officer's belief that appellant would commit offence of drinking liquor in regulated place – Whether belief held on reasonable grounds – Whether policing experience valid basis for reasonable grounds for forming belief.

Criminal law – Procedure – Apprehension and detention – Statutory powers of apprehension – Where appellant apprehended on basis of police officer's belief that appellant would commit offence of drinking liquor in regulated place – Where maximum penalty for offence forfeiture of liquor and issue of contravention notice – Whether decision to apprehend exceeded limits of apprehension power.

Words and phrases – "likely to commit an offence", "policing experience", "reasonable grounds".

Liquor Act (NT) – s 101U(1).

Police Administration Act (NT) – s 128(1).
View   RTF



PDF MD5: e19d0ee8d6ee5bbb343fca82ab310f1c
RTF MD5: 22495ddfb22cbab7315f120c3034a706