References: (1984) 155 CLR 1
Coram: Brennan J
Ratio: Brennan J said: ‘A police officer who enters or remains on private property without the leave and licence of the person in possession or entitled to possession commits a trespass and acts outside the course of his duty unless his entering or remaining on the premises is authorized or excused by law.’ and ‘The common law presumes that when Parliament creates a novel power, it does not intend thereby to authorize the commission of a trespass to facilitate its exercise: Morris v Beardmore [1981] A.C. 446; Colet v The Queen (1981) 119 DLR (3d) 521 . The general protection which the common law accords to persons in possession of private property is undiminished by the creation of the novel power unless Parliament expressly provides otherwise.’
Jurisdiction: England and Wales
This case is cited by:
- Cited – Gillies v Procurator Fiscal, Elgin HCJ (Bailii, [2008] ScotHC HCJAC – 55, 2008 GWD 31-476, 2008 SCCR 887, 2008 SCL 1316, 2008 SLT 978, 2009 JC 25, [2008] HCJAC 55)
The police went to the defendant’s flat to find her boyfriend. She refused them access, but when they saw him, the police officers called out that he was under arrest under the 1995 Act, and forced their way past the door and the defendant. The . .
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Last Update: 02 December 2019
Ref: 276519
