State of New South Wales v Bouffler [2017] NSWCA 185

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: State of New South Wales v Bouffler [2017] NSWCA 185 Hearing dates: 20 February 2017 Decision date: 27 July 2017 Before: Beazley ACJ; Ward JA; Gleeson JA Decision: (1) Grant leave to appeal and cross-appeal;

(2) Appeal allowed;

(3) Set aside the orders of the trial judge;

(4) Order judgment for the State of New South Wales;

(5) Cross-appeal dismissed;

(6) The respondent to pay the costs of the State of New South Wales at first instance and 70 per cent of its costs on the appeal. Catchwords: TORTS – trespass to land – whether entry of police officers authorised by law – six police officers entered house occupied by the respondent without his consent – eight officers entered respondent's property without consent – officers relied on ss 9 and 10 of the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) – whether officers had requisite state of mind to satisfy ss 9 and 10 – whether officers must each individually have state of mind – whether officers can enter to assist other officers engaged in an arrest – circumstances in which state of mind can be inferred

STATUTORY CONSTRUCTION – Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) – whether each officer must individually have state of mind required under ss 9, 10 and 99 – whether context and purpose indicates that meaning is to be given that is different from or qualifies plain meaning – meaning of "reasonable grounds"

STATUTORY CONSTRUCTION – Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) – relationship between ss 10 and 99 – whether entry to a premises pursuant to LEPRA, s 10 requires a lawful arrest under s 99 – whether s 10 operates as a derivative of s 99