Peter O'Brien

NSW Police Charged With Domestic Violence Offences

An alarming number of NSW police officers have been charged with offences related to domestic violence. According to documents obtained by ABC under the Government Information (Public Access) Act, a total of 17 NSW police officers had involvement in domestic violence offences since February 2017. The criminal acts range from: stalking and intimidation to assault […]

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Unreasonable Suspicion and Wrongful Arrest by Police

Attalla v State of NSW [2018] NSWDC 190 Facts: On an early morning, three police officers confronted Mr Attalla (Plaintiff) sitting on a stone wall in front of a church texting on his mobile phone. One of the police members, Officer Cruickshank, suspected that Mr Attalla possessed prohibited drugs and thereby proposed he be searched.

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LEPRA and Arrest Without Warrant After The Robinson Case

Can what you say be admissible as evidence if you are unlawfully arrested? A recent case may have an impact here. First of all, let’s examine the powers of arrest which are granted by LEPRA (Law Enforcement (Powers and Responsibilities) Act) in NSW. What is LEPRA? LEPRA is the Law Enforcement (Powers and Responsibilities) Act. Arrest

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Disconnected Electricity Sparks Tort of Misfeasance

NYONI v SHIRE OF KELLERBERRIN [2017] FCAFC 59 Facts: The claim commenced when an electrician advised Mr. Friend, in the position as CEO of the Shire, that he intended to disconnect the electricity to Mr. Nyoni’s pharmacy. It was common ground that the disconnection was carried out without the authority of the supplier of the

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New Test for Police Negligence

Robinson (Appellant) v Chief Constable of West Yorkshire Police (Respondent) [2018] UKSC 4 Facts: A plainclothes police officer DS Willan, spotted a Mr. Williams apparently dealing drugs. DS Willan called for back up and three other plainclothes officers soon joined him. Mr Williams entered a shop. They planned to ambush the suspect when he left

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Family Feuds with the Nine Network in defamation case

NINE NETWORK AUSTRALIA PTY LTD v TABBAA [2018] NSWCA 243 Facts: The respondents to the application (Mr and Mrs Tabbaa) brought defamation proceedings against the applicant (Nine Network) in Tabbaa v Nine Network Pty Ltd (No.10) [2018] NSWSC 468. The proceedings were brought as a result of a television interview, which was broadcast featuring the

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