Maybury v Plowman [1913] HCA 43

[1913.

468 HIGH COURT H.C. or A. Appeal allowed. Order appealed from dis- : 1913. charged. Suit dismissed with costs. nas Respondent to pay the costs of the Arronxzy- ceeds GENERAL — ae New Solicitor, for the appellant, J. V. Tillett, Crown Solicitor for SouTH

Wares. New South Wales. Solicitors, for the respondent, Cope & Co.

Ble - Cons Wilcox] Ref to hen aioe Hegaety 4 Teak, sl oa ae [HIGH COURT OF AUSTRALIA] MAYBURY AND ANOTHER . 2 3 . APPELLANTS} DEFENDANTS, AND PLOWMAN . 3 r . , 2 : . RESPONDENT. PLAINTIFF,

ON APPEAL FROM THE SUPREME COURT OF NEW SOUTH WALES.

H.C. or A. Assault and false imprisonment —Arrest—General power to apprehend person found

1913. committing offence—Special nower to apprehend for offence in respect of inclosed ey land—Construction of consolidating Statute—Criminal Law Amendment Act SYDNEY, 1983 (N.S. I.) (46 Viet. No. 17), sec.429 —Crrimes Act 1900 (N.S. W.) (No. 40 of

Sept. 1, 2, 3, 1900), sec. 8352—Inclosed Lands Protection Act 1854 (N.S.W.) (18 Viet. No. 5. 27), secs. 1, 3—Inclosed Lands Protection Act 1901 (N.S. W.) (No. 33 of 1901),

Taro secs. 4, 6. pe

cope Sec, 352 (1) of the Crimes Act 1900 (N.S.W.) provides that: 'Any con- Rich JJ. stable'or other person may without warraut apprehend, (a) any person in the

act of committing, or immediately after having committed, an offence punish- able, whether by indictment, or on summary conviction, under any Act."

Heid, that sec. 352 (1) (a) of the Urimes Act 1900 applies to offences created by, and punishable under, other Statutes as well as to offences created by, and punishable under, the Crimes Act itself.

16 C.L.R.] OF AUSTRALIA. 469

Sec. 4 of the Inclosed Lands Protection Act 1901 (N.S.W.) provides that: H.C. or A. "Any person who, without lawful excuse, enters into the inclosed lands of 1913. any other person, without the consent of the owner or occupier thereof, or = the person in charge of the same, shall be liable to a penalty not exceeding Maysury