References: [2008] HCA 26
Links: Austlii
Ratio: Austlii (High Court of Australia) Torts – Trespass to land – Power of police to enter private premises – Police officers went to suburban flat after receiving report of male and female arguing – Police treated report as ‘violent domestic’ – Occupier invited police to ‘look around the flat’ – Occupier later asked police to leave premises – Police did not leave and remained on premises for longer than it would reasonably have taken them to leave – Whether statutory justification for police to remain on premises – Proper construction of Crimes Act 1900 (NSW) ss 357F and 357H – Whether express refusal by occupier immediately terminated authority of police ‘to so enter or remain’ on premises, irrespective of fulfilment of purposes for which entry effected.
Torts – Trespass to land – Power of police to enter private premises – Whether common law justification for police to remain on premises – Whether entry could be justified as directed to preventing a breach of the peace.
Words and phrases – ‘enter or remain’, ‘expressly refused’, ‘breach of the peace’.
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 . .
(This list may be incomplete)
Last Update: 30-Jun-16
Ref: 276522