Wilson v State of New South Wales [2010] NSWCA 333

Reported Decision: 207 A Crim R 499

New South Wales Court of Appeal

CITATION: Wilson v State of New South Wales [2010] NSWCA 333

HEARING DATE(S): 30 September 2010, 1 October 2010

JUDGMENT DATE: 9 December 2010

JUDGMENT OF: Hodgson JA at 1; McColl JA at 99; Young JA at 100

(1) Appeal dismissed. (2) Leave to cross-appeal granted and cross-appeal allowed. DECISION: (3) Orders below set aside. (4) Verdict and judgment in the proceedings for the State. (5) Mr Wilson to pay the State's costs of the proceedings, and of the appeal and cross-appeal, including the application for leave. [The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.]

CATCHWORDS: TORT – Trespass to land – Implied licence to go to door of property for legitimate purposes – Revocation of licence – Requirement of notice of revocation – Requirement that notice be such as to convey to licensee or to a reasonable person in the position of the licensee both that the notice comes from a person with authority to revoke the licence and that it does revoke it. - TORT – Wrongful arrest and false imprisonment – Requirement of s 352(1)(a) of the Crimes Act 1900 that an arrest be effected "immediately after" commission of offence – Process of arrest commenced immediately after commission of offence, not then concluded because alleged offender withdraws inside his house, and concluded afterwards when alleged offender emerges from his house – Whether arrest lawful.