Appeal against dismissal of proceedings for assaulting police officer in execution of duty and resist/hindering police officer in execution of duty — objective test of lawfulness under s 99(1)(b) LEPRA — reasonably necessary to arrest to protect workers from Housing NSW and the applicant from committing further offences — arresting officer’s state of mind, that it was reasonably necessary to arrest, relevant under s 99(1)(b) — appeal allowed — matter remitted to Local Court.

Appeal — breach of bail — evidence obtained improperly and excluded under s 138 Evidence Act 1995 — the failure by arresting officer to consider arrest alternatives — arrest for breach of bail without consideration of alternatives is not necessarily improper — court did not adequately disclose reasoning nor conclusions of facts — Supreme Court unable to determine finding of fact in regards to magistrate’s finding of impropriety — magistrate failed to conduct a balancing exercise under s 138 — appeal allowed in part.

Young offenders — allegations of assaulting a police officer — informations against defendants in the Children’s Court dismissed — appeal — whether magistrate wrong in refusing to receive certain evidence of the events giving rise to the charges — whether matter should be restored to the Children’s Court — whether complainant had acted unlawfully or improperly in arresting a young person for a minor offence in circumstances that did not call for an arrest — whether it was possible for the magistrate to apply the test mandated by s 138 Evidence Act 1995 — whether matter to be remitted to the magistrate to be dealt with according to law.