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.

Police powers and duties — resisting arrest — power to seize property to prevent breach of the peace — police officer attempted to seize respondent’s mobile phone — police officer obliged to inform respondent, as soon as reasonably practicable after exercising the power, of his name, place of duty and the reason for exercising the power — elements of offence made out even though no evidence that information was given — no obligation to prove that officer formed view that it was impracticable to give information before exercising power — consideration of nature of power at common law and as preserved by statute — s 201 LEPRA.

15-year-old girl — improperly obtained evidence — whether grave improprieties — failure to caution the accused prior to or during questioning — interview conducted notwithstanding initial refusal to answer questions — whether unfair deprivation of right to silence — failure to take the accused to the custody manager who was obliged, since she was a vulnerable person, to assist her to exercise her legal rights — the accused’s rights under Pt 9 Law Enforcement (Powers and Responsibilities) Act 2002 were neither read out nor explained to her — interview with the accused excluded — improperly obtained evidence from a juvenile excluded under ss 90, 138 and 139 Evidence Act 1995.