Dennis Samuel Vella v Ronald Alwyn Grey, Commisioner of Australian Federal Police [1985] FCA 378

CATECHACGRES Criminal Gaw & Procedure - power of arrest conferred by

5.5(8) Commonwealth Prisoners Act, 1967 upon revocation of parole order - arrest under this power for foreign surpose - whether power of arrest spent ~ whether arrest valid.

Ex parte Shepherd (1940) 2 D.L-R. 396 - Con. Emith v. Corrective Servicas Commission (1980) 147 C.L.R. - Con. Brown v. G.J. Coles & Coy, unreported, Federal Court - 4 April 1985 - con.

Criminal Law & Procedure - power of arrest - requirements of Commonwealth Prisoners Act, 1967 not complied with - whether Prosecution can rely upon its own illegality.

etatutes (Interpretation) - s.33(1) Acts Interpretation Act, i901 - whether #.33(1)} can validate arrest void far anauthorised purpose - whether 5.32(1) can validate arrest

vo1d for number of times power employed - whether "contrary intention" indicated in Commonwealth Prisoners Act, 1967.

Scarfe v. Federal Commissioner of Taxation (1920) 28 C.L.R. 271 - Con.

DENNIS SAMUEL VELLA v. SONALD ALWYN GREY, COlIMESSICNER OF THE AUSTRALIAN FEPERAL POLICE

No. NEW G150 of 1985

BOWEN, C.J., BEAUMONT AND WILCOX JJ. 3 AUGUST 1985

SYONEY

IN THE FEDERAL COURT OF AUSTRALIA ) 3 =

NEW SCUTH WALES DISTRICT REGISTRY

ere -

GENERAL DIVISICN ON APPEAL FROM A SINGLE JUCGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN : DENNIS SAMUEL VELLA Appellant AND: RONALD ALWYN GREY, COMMISSIONER OF

THE AUSTRALIAN PEDERAL POLICE

Respondent

MINUTE OF ORDER

JUDGES MAKING ORDER Bowen C.J., Beaumont and Wilcox Jd.

DATE OF ORDER : 8 August 1985 WHERE MADE > Sydney

THE COURT ORDERS THAT:

Ll. Order that the appeal be allowed.

3. Order that the order made by a single Judge of the Court madé on 14 June 1985 be set aside.

3. Declare that no member of the Australian Federal Police is entitled to arrest the appellant by reason of the revocation on 11 December 1234 of the parole order made on 6 December 1992.