State of New South Wales v Robinson [2016] NSWCA 334

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: State of New South Wales v Robinson [2016] NSWCA 334 Hearing dates: 14 November 2016 Decision date: 01 December 2016 Before: Beazley P; Payne JA; Sackville AJA Decision: 1. Grant leave to appeal;

2. Appeal allowed;

3. Set aside the orders made by Curtis DCJ on 15 April 2016;

3A. Judgment for the State of New South Wales, the defendant in the court below, on the statement of claim;

4. Order that the respondent pay the appellant's costs of the appeal and in the court below. Catchwords: CRIMINAL LAW – arrest without a warrant – whether arrest lawful – construction of s 99(3) of the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) – whether arrest needed to be "necessary" for a purpose stated in sub-s 3 – state of mind required of arresting police officer – reasonableness of state of mind Legislation Cited: Crimes (Domestic and Personal Violence) Act 2007 (NSW) Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) Law Enforcement (Powers and Responsibilities) Amendment (Arrest without Warrant) Act 2013 (NSW) Cases Cited: Berry v Nicholls [2016] NSWCA 272 Carolan v AMF Bowling Pty Ltd [1995] NSWCA 69 Elcham v Commissioner of Police (2001) 53 NSWLR 7; [2001] NSWSC 614 Lee v New South Wales Crime Commission (2012) 224 A Crim R 94; [2012] NSWCA 262 Tilse v New South Wales (2013) 17 DCLR (NSW) 177; [2013] NSWDC 265 Category: Principal judgment Parties: State of New South Wales (Applicant) Brad James Robinson (Respondent) Representation: Counsel: J Lonergan SC; G Bateman (Applicant) D Campbell SC; D Woodbury (Respondent)