State of New South Wales v Smith [2017] NSWCA 194

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: State of New South Wales v Smith [2017] NSWCA 194 Hearing dates: 23 November 2016 Decision date: 04 August 2017 Before: McColl JA at [1]; Leeming JA at [176], Sackville AJA at [180] Decision: (1) Grant leave to appeal;

(2) Appellant to file a notice of appeal in the form of the draft in the White Book within seven days of the making of these orders;

(3) Appeal allowed in part;

(4) Set aside the judgment entered in favour of the respondent for $39,858 and, in its place, enter judgment for the respondent, with effect from 22 April 2016, in the amount of $22,776;

(5) Appellant to pay the costs of the appeal. Catchwords: TORTS – false imprisonment – wrongful arrest – whether arrest of respondent unlawful – whether arresting police officer held requisite state of mind – whether police officer suspected on reasonable grounds that it was necessary to arrest respondent pursuant to Law Enforcement (Powers and Responsibilities) Act 2002 (NSW), s 99(3)(b) and (d)

TORTS – false imprisonment – wrongful arrest – whether arrest of respondent unlawful – whether at time of arrest police officer failed to inform respondent of his name and police station – when arrest occurred – whether sufficient act of arrest or submission – whether at time of arrest police officer failed to inform respondent of reason for exercise of power of arrest – whether statement "domestic incident" informed respondent of reason for exercise of power of arrest – Law Enforcement (Powers and Responsibilities) Act 2002 (NSW), s 201