High Court of Australia

Roy v O'Neill [2020] HCA 45

9 Dec 2020

Case Number: D2/2020


Kiefel CJ, Bell, Gageler, Keane, Edelman JJ


Evidence – Admissibility – Trespass – Where appellant charged with breach of Domestic Violence Order ("DVO") – Where DVO included condition that appellant not remain in her partner's presence while intoxicated – Where police attended unit occupied by appellant and her partner for purpose of DVO check – Where police engaged in wider proactive policing operation – Where police knocked on front door and asked appellant to come to door for DVO check – Where police observed signs of intoxication and requested appellant submit to breath test – Where breath test positive for alcohol – Whether evidence of breath test lawfully obtained – Whether police trespassed – Whether common law implied licence permitted police to approach unit and knock – Whether lawful purpose to attend unit.

Words and phrases – "breath test", "coercive powers", "common law implied licence", "Domestic Violence Order", "implied licence to enter private property", "interference with an occupier's possession", "lawful communication with an occupier", "lawful purpose", "police", "proactive policing", "trespass".

Police Administration Act (NT) – s 126(2A).

Domestic and Family Violence Regulations (NT) – reg 6.

PDF MD5: 7277e832f98e36c2fa9f6805af6bf154
RTF MD5: b629a566742017ef9790f842c8fa9ed5