NAKHL NASR v STATE OF NEW SOUTH WALES; GEORGE NASR v STATE OF NEW SOUTH WALES [2007] NSWCA 101

Reported Decision: 170 A Crim R 78

New South Wales Court of Appeal

CITATION: NAKHL NASR v STATE OF NEW SOUTH WALES; GEORGE NASR v STATE OF NEW SOUTH WALES [2007] NSWCA 101

HEARING DATE(S): 19 February 2007

JUDGMENT DATE: 4 May 2007

JUDGMENT OF: Beazley JA at 1; Hodgson JA at 2; Campbell JA at 3

DECISION: In each appeal ; (1) Appeal dismissed. ; (2) Appellant to pay costs of the respondent of the appeal.

CATCHWORDS: CRIMINAL LAW – arrest – arrested person to be taken before an authorised Justice to be dealt with according to law – delay – factors to be considered when determining whether delay unreasonable – where police station has influx of prisoners – where prisoners' solicitor busy with multiple prisoners – Crimes Act 1900, section 352 - CRIMINAL LAW – arrest – bail – police bail – police required to determine bail or bring accused person before a court as soon as reasonably practicable – delay – factors to be considered when determining whether police bail decision made as soon as reasonably practicable after accused person charged – external constraints on police – where police station has influx of prisoners – where prisoners' solicitor busy with multiple prisoners – Bail Act 1978, section 18 - POLICE – actions for wrongful arrest, trespass and other wrongs – false imprisonment – whether initially lawful detention became unlawful after delay in bringing accused person before an authorised Justice - POLICE – rights, powers and duties – police powers of detention – length of time during which accused person may be lawfully detained – requirement to take accused person before an authorised Justice - TORTS – trespass to the person – false imprisonment – action by people arrested and then detained at police station – whether initially lawful detention became unlawful after delay in bringing accused person before an authorised Justice - EVIDENCE – admissibility and relevance – Local Court charge sheets – whether charge sheets improperly obtained – discretion to exclude improperly obtained evidence – section 13 Criminal Records Act 1991 – section 18 Privacy and Personal Information Protection Act 1998 – Evidence Act 1995, section 138 - EVIDENCE – admissibility and relevance – evidence admitted provisionally – trial judge indicated admissibility would be considered later in reasons – failure of trial judge to later give reasons on admissibility - JUDGMENTS AND ORDERS – statement of reasons for decision – trial judge admitted evidence provisionally on the basis reasons would be given later – failure of trial judge to later give reasons - JUDGMENTS AND ORDERS – statement of reasons for decision – adequacy of reasons – failure to analyse evidence – whether inadequacy of reasons warrants correction on appeal – whether substantial wrong or miscarriage resulted - POLICE – action for wrongful arrest, trespass and other wrongs – assault – whether police used reasonable force in arresting suspect - POLICE – actions for wrongful arrest, trespass and other wrongs – negligence – whether injuries sustained by suspect during arrest resulted from police negligence - WORDS AND PHRASES – "disclose"