ZARAVINOS v STATE OF NEW SOUTH WALES; STATE OF NEW SOUTH WALES & ORS v ZARAVINOS [2004] NSWCA 320

Reported Decision : 151 A CRIM R 24 62 NSWLR 58

New South Wales Court of Appeal

CITATION : ZARAVINOS v STATE OF NEW SOUTH WALES; STATE OF NEW SOUTH WALES & ORS v ZARAVINOS [2004] NSWCA 320 HEARING DATE(S) : 17/08/2004 JUDGMENT DATE : 10 December 2004

JUDGMENT OF : Santow JA at 1; Bryson JA at 2; Adams J at 55 DECISION : Leave granted and appeals dismissed: in detail see [54]

CATCHWORDS : FALSE ARREST - false imprisonment - Mr Zaravinos attended Police Station by appointment for interview and was arrested successively by 2 police on different but related charges, interviewed, charged, fingerprinted, photographed, bailed and released - detained about 3 hours - after several adjournments, prosecutions discontinued - power of arrest in Crimes Act 2900 s.352(2) - DC Judge found no reasonable grounds for arrest "The case has all the hallmarks of heavy-handed and officious use of arbitrary power" and awarded $25,000 damages and $5083 interest - both sides applied for leave to appeal - consideration of purpose for which power of arrest without warrant may lawfully be exercised - English authorities distinguished - lawfulness of continued detention for interview - injunction requiring destruction of fingerprint records and photographs refused - held that the damages assessed included aggravated and exemplary damages, and should not be set aside as excessive or inadequate - leave to appeal refused except as to District Court power to grant injunction and as to lawfulness of arrest - appeals dismissed. Crimes Act 1900 s.59, s.178 BA(1), subs.352(1), (2) District Court Act 1973 s.127(2)(c)(i) District Court Rules 1973 Pt.5 r.6A, s.46, s.83A LEGISLATION CITED : Interpretation Act 1987 s.9(1) Interpretation Act 1897 s.23 Crimes Act 1914 (Cth) Liverpool Corporation Act 1921 s.531 Associated Provincial Picture Houses Ltd v. Wednesbury Corporation [1948] 1 KB 223 Bales v. Parmeter (1935) 35 SR (NSW) 182 Chung v. Elder (1991) 31 FCR 43 Clarke v. Bailey (1933) SR (NSW) 303 Dallison v. Caffery [1965] 1 QB 348 Director of Public Prosecutions v Carr [2002] NSWSC 194 Donaldson v. Broomby (1982) 40 ALR 525 Drymalik v. Feldman [1966] SASR 227 Dumbell v. Roberts [1944] 1 All ER 326 CASES CITED : Ex parte Evers Re Leary (1945) 62 WN (NSW) 146 Fleet v. District Court of New South Wales at [2002] NSWCA 25 Frost v. State of New South Wales [2002] NSWCA 226 Holgate-Mohammed v. Duke [1984] AC 437 Pelechowski v. Registrar, Court of Appeal (1999) 198 CLR 435 R v. Banner [1970] VR 240 Ruddock v. Taylor [2003] NSWCA 262 Smith v. Corrective Services Commissioner of (NSW) (1980) 147 CLR 134 State of New South Wales v. Coleman [2000] NSWCA 183 Williams v. The Queen (1986) 161 CLR 278 (1) CA 40091/04: George Zaravinos - Claimant State of New South Wales - 1st Opponent Mark Oswald Jenkins - 2nd Opponent PARTIES : Melinda Horan - 3rd Opponent (2) CA 41221/03: State of New South Wales - 1st Claimant Mark Oswald Jenkins - 2nd Claimant Melinda Horan - 3rd Claimant George Zaravinos - Opponent FILE NUMBER(S) : CA 40091/04 and 41221/03 COUNSEL : P. Menzies QC and P. Sternberg - Opponents (1)/Claimants (2) G. Ellis and A.S. Kostopoulos - Claimant (1)/Opponent (2) SOLICITORS : I V Knight, Crown Solicitor - Opponents (1) / Claimants (2) Greg Walsh & Co - Claimant (1) / Opponent (2)