Dowse v State of New South Wales [2012] NSWCA 337

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Dowse v State of New South Wales [2012] NSWCA 337 Hearing dates: 16 July 2012 Decision date: 19 October 2012 Before: McColl JA at [1]; Basten JA at [2]; Hoeben JA at [57] Decision: (1) Dismiss the appeal. (2) Appellant to pay the respondent's costs. [Note: 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: CRIMINAL LAW - arrest - police officers pursued person suspected of offences - whether arrest valid where officer has no intention of charging suspect - whether officers intended to charge suspect - whether suspicion reasonable - Law Enforcement (Powers and Responsibilities) Act 2002 (NSW), ss 21 and 99

CRIMINAL LAW - offensive language - "fucking" - whether circumstances and context relevant to factual question of offensiveness - Summary Offences Act 1988 (NSW), s 4A(1)

TORT - negligence - duty of care - tort liability of public authorities - plaintiff fell while chased by police officers - whether police officers' power of arrest engaged by reasonable suspicion of offence - whether a putative common law duty conformable with statutory powers of police officers - Law Enforcement (Powers and Responsibilities) Act 2002 (NSW), ss 21 and 99