Reeves v State of New South Wales [2024] NSWCA 125

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Reeves v State of New South Wales [2024] NSWCA 125 Hearing dates: 25 March 2024 Date of orders: 24 May 2024 Decision date: 24 May 2024 Before: Bell CJ at [1]; White JA at [189]; Stern JA at [212] Decision: 1. Dismiss the appeal and uphold the Cross Appeal. 2. Set aside the judgment in favour of the Appellant at first instance in the sum of $5,000 and the costs orders made on 7 July 2023. 3. Order that the Appellant pay the costs of the appeal and the proceedings at first instance. Catchwords: TORTS – trespass to the person – wrongful arrest – battery – false imprisonment – whether Appellant's arrest was an unlawful exercise of power pursuant to s 99 of the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) – whether police officer was satisfied that the Appellant's arrest was "reasonably necessary" – whether requirement that a police officer be satisfied that an arrest is "reasonably necessary" requires an objective or subjective assessment TORTS – trespass to the person – false imprisonment – ss 114-116 of the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) – whether the Appellant who was otherwise lawfully detained was "falsely imprisoned" for 16 minutes when he was questioned in an interview room after he had made it clear that he did not wish to answer any further questions – where most of the 16 minutes was not spent questioning the Appellant but in reading him the complainant's statement – whether the Appellant was falsely imprisoned during period where police officers were awaiting the issuance of an Provision Apprehended Violence Order – whether Jones v Dunkel inference can be drawn in relation to State's failure to call the Custody Manager TORTS – malicious prosecution – whether police officers were actuated by malice – whether proceedings were brought to mollify the complainant and her mother or to punish conduct which the police officers considered to be inappropriate Legislation Cited: Bail Act 2013 (NSW) s 44 Civil Liability Act 2002 (NSW) ss 3B(1)(a), 43A Corrective Services Act 2006 (Qld) s 200 Crimes (Domestic and Personal Violence) Act 2007 (NSW) s 13(1) Criminal Procedure Act 1986 (NSW) s 214 Justices Act 1959 (Tas) Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) ss 99, 109, 114-116 Law Enforcement (Powers and Responsibilities) Regulation 2016 (NSW) reg 17 Cases Cited: AD v State of New South Wales [2023] NSWCA 115 Coco v The Queen (1994) 179 CLR 427; [1994] HCA 15 Director of Public Prosecutions (NSW) v Greenhalgh [2022] NSWSC 980 Hill v Zuda (2022) 275 CLR 24; [2022] HCA 21 Jankovic v Director of Public Prosecutions [2020] NSWCA 31; (2020) 281 A Crim R 357 Jones v Dunkel (1959) 101 CLR 298; [1959] HCA 8 Michaels v The Queen (1995) 184 CLR 117; [1995] HCA 8 North Australian Aboriginal Justice Agency Ltd v Northern Territory (2015) 256 CLR 569; [2015] HCA 41 Reeves v State of New South Wales (No 2) [2023] NSWDC 232 Reeves v State of New South Wales (No 3) [2023] NSWDC 243 RHG Mortgage Corporation Ltd v Ianni [2016] NSWCA 270 Robinson Helicopter Co Inc v McDermott [2016] HCA 22; (2016) 90 ALJR 679 State of New South Wales v Randall [2017] NSWCA 88 State of New South Wales v TD (2013) 83 NSWLR 566; [2013] NSWCA 32 Williams v The Queen (1986) 161 CLR 278; [1986] HCA 88 Wotton v Queensland (2012) 246 CLR 1; [2012] HCA 2 Category: Principal judgment Parties: Mr Benjamin Reeves (Appellant) State of New South Wales (Respondent) Representation: Counsel: