Webster, Edward David & Anor v. McIntosh, Victor John [1980] FCA 156

IN THE F

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DERAL

COURT OF

AUST?PALIAN CAPITAL TERPITOPY

DISTPICT REGISTRY

GEVEPAL DIVISION

JHIGES MAYING ORDER

DAT= OF ORDER WHEE TALE THE COUFTS CRDEFG THAT

AUSTRALIA

No.

(oe) a 4= a

Ne ee eed

CN APPEAY r?OK THE SUPPEME COMPT OF THE AUSTFALIAN CAPITAL TEPPITOPY

BETWREN EDWAPD DAVIL WERST UF WAL COLI' CAP appellant. AL.D VICTOr .TOHM MeINTCCll Fesponder.— ROER

Brennan, Deane and Kelly Jd.

Canberra.

1. The appeal be dismissed. 2. The appellants pay to the resepondant hiz co3t3 of the a

Hay

[tw]

2.

< about 10.12pm on 17 October 1975 in Canberra, th?

appellants arrested the respondent on a charge of unlewf:l assault, an offence against a law of the Territory. The learnei trial judge (Connor J.) found that the appellants had reasonatle grounds for beiieving and believed that tre responcent hac committed that offence shortly before the arrest. In thece circumstances, there being no extra-territorial element in the facts of the case, the appellants placed prinary reitanc? upon the provisions of s.i8(e) of the Ordananee to furnish statutory

justification for the arrest. The clause of the Ordinance reads:

Any member of the Police Force, wit warrant other than this Ordinance, é*+ an the day or night, may apprehend - -

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(e) any person whom he has reasonable caise to suspect of having committed, or being about to commit, any offence;"

Conror J. held, however, that insofar as s.18(e) related to a2

person suspected of having committed an offence - as distanect

from a perscr. suspected of being adcut to commit an offence -