Australia, April 21 -- New South Wales Land and Environment Court issued text of the following judgement on March 20:
1. GLEESON JA: I agree with McHugh JA.
2. KIRK JA: I agree with McHugh JA.
3. McHUGH JA: New South Wales police arrested the appellant on suspicion of breaching the terms of an apprehended domestic violence order. He sought to challenge the finding of the primary judge, Andronos SC DCJ, that the arrest was lawful by reason of s 99(1) of the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) (LEPRA). Although this matter might have raised questions of principle about a police officer's power to arrest without warrant, in light of the way in which the argument proceeded it would not be appropriate for the Court to...