Carey v State of New South Wales [2013] NSWDC 213

District Court New South Wales

Medium Neutral Citation: Carey v State of New South Wales [2013] NSWDC 213 Hearing dates: 3, 4 September 2013 Decision date: 05 September 2013 Before: Neilson DCJ Decision: I give verdict and judgment for the defendant against the plaintiff Application for indemnity costs is refused I order the plaintiff to pay the defendant's costs on the ordinary basis Catchwords: TORTS - Wrongful imprisonment - Plaintiff arrested and detained at Grafton Police Station for 86 minutes - Whether arrest was lawful - As part of a police operation warrants were obtained to intercept telecommunications - Plaintiff identified speaking with head of a drug syndicate - Police obtained search warrant and executed on plaintiff's property - Police found and seized a large number of items including cash and illegal drugs but plaintiff not present - A week later police again attended and plaintiff signed Property Seizure / Exhibit form - Police told plaintiff he could come down to the Station with a solicitor to make a statement but if he did not he would eventually be "picked up" - A few months later police attended plaintiff's premises with intention of charging him with supplying drugs - Plaintiff not present but police made contact and instructed him to attend the Station to be fingerprinted, photographed and released on bail - When plaintiff arrived he was arrested, cautioned, charged and released on bail - Question of whether Police can impose bail if person is not arrested Legislation Cited: Law Enforcement (Powers and Responsibilities) Act 2002 s 99 Cases Cited: Ferguson v Jensen (1920) 53 DLR 616 Hyder v Commonwealth of Australia [2012] NSWCA at 336 R v Le [2005] NSWCCA 40 R v Rondo [2001] NSWCCA 540 Zaravinos v State of New South Wales [2004] NSWCA 320 Category: Principal judgment Parties: Patrick Carey (Plaintiff) State of New South Wales (Defendant) Representation: Mr R di Michiel (Plaintiff) Mr G Bateman (Defendant) Foott Law & Co (Plaintiff) Sparke Helmore (Defendant) File Number(s): 2012/142981