HIGH COURT OF AUSTRALIA
KIEFEL CJ,
GAGELER, KEANE, GORDON AND EDELMAN JJMatter No D11/2019
JOSIAH BINSARIS APPELLANT
AND
NORTHERN TERRITORY OF AUSTRALIA RESPONDENT
Matter No D12/2019
KEIRAN WEBSTER APPELLANT
AND
NORTHERN TERRITORY OF AUSTRALIA RESPONDENT
Matter No D13/2019
LEROY O'SHEA APPELLANT
AND
NORTHERN TERRITORY OF AUSTRALIA RESPONDENT
Matter No D14/2019
ETHAN AUSTRAL APPELLANT
AND
NORTHERN TERRITORY OF AUSTRALIA RESPONDENT
Binsaris v Northern Territory
Webster v Northern Territory
O'Shea v Northern Territory
Austral v Northern Territory[2020] HCA 22
Date of Hearing: 18 March 2020
Date of Judgment: 3 June 2020D11/2019, D12/2019, D13/2019 & D14/2019
ORDER
In each matter:
1.Appeal allowed with costs.
2.Set aside paragraph 1 of the orders made by the Court of Appeal of the Northern Territory on 18 February 2019 and paragraph 1 of the orders made by the Court of Appeal on 10 April 2019 and, in their place, order that:
(a)the appeal be allowed with costs;
(b)set aside paragraph 1(a) of the orders made by the Supreme Court of the Northern Territory on 21 March 2017 and in its place order that there be judgment for the plaintiff on the claim for damages for battery arising out of the use of CS gas at Don Dale Youth Detention Centre on 21 August 2014;
(c)set aside paragraph 1 of the orders made by the Supreme Court of the Northern Territory on 3 December 2018 and in its place order that the defendant pay the plaintiff's costs of and incidental to the proceedings to be taxed on the standard basis. (These costs are to include the costs of all interlocutory proceedings other than those which have been the subject of separate costs awards); and
(d)the matter be remitted to another judge of the Supreme Court of the Northern Territory for assessment of damages.
On appeal from the Supreme Court of the Northern Territory
Representation
B W Walker SC with K E Foley and J A G McComish for the appellant in each matter (instructed by North Australian Aboriginal Justice Agency)
D A McLure SC with T J Moses for the respondent in each matter (instructed by Solicitor for the Northern Territory)
Notice: This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.
KIEFEL CJ AND KEANE J. The Don Dale Youth Detention Centre is located in the Northern Territory. It was at the relevant time approved as a youth detention centre under s 148 of the Youth Justice Act (NT). On 21 August 2014 the appellants and others were detained in the Behavioural Management Unit of the detention centre when another detainee, Jake Roper, escaped from his cell, damaged property and caused a serious disturbance. The appellants Josiah Binsaris and Ethan Austral participated to the extent of damaging property in their cells. Details of the conduct which was engaged in are set out in the reasons of Gordon and Edelman JJ.
The superintendent of the detention centre contacted…
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- Case
- [2020] HCA 22
- Decision Date
CaseChat Overview and Summary
The legal issues before the Court were whether the prison officers were acting in the course of their duties such that an exemption under the *Weapons Control Act* applied, whether their actions were authorised by a delegation of the superintendent's powers under the *Youth Justice Act* (NT), and whether they possessed the powers of a police officer under the *Prisons (Correctional Services) Act* (NT) that might have authorised the use of CS gas. The Court was required to determine if the use of the CS gas constituted a battery, and if so, whether any statutory provisions provided a defence or positive authority for such an action.
The High Court reasoned that even if the prison officers were considered "prescribed persons" under the *Weapons Control Act*, any exemption from the prohibition on using a prohibited weapon would not confer positive authority to commit a battery. The Court found that the officers lacked specific positive authority to deploy CS gas in the circumstances, and therefore, its use constituted an unlawful battery. The Court concluded that the Court of Appeal had erred in finding the deployment of CS gas lawful.
Consequently, the High Court allowed the appeals with costs, setting aside the orders of the Court of Appeal and the Supreme Court. The matter was remitted to the Supreme Court of the Northern Territory for an assessment of damages for the battery.
Orders
Orders of the court
In each matter:
1. Appeal allowed with costs.
2. Set aside paragraph 1 of the orders made by the Court of Appeal of the Northern Territory on 18 February 2019 and paragraph 1 of the orders made by the Court of Appeal on 10 April 2019 and, in their place, order that:
(a) the appeal be allowed with costs;
(b) set aside paragraph 1(a) of the orders made by the Supreme Court of the Northern Territory on 21 March 2017 and in its place order that there be judgment for the plaintiff on the claim for damages for battery arising out of the use of CS gas at Don Dale Youth Detention Centre on 21 August 2014;
(c) set aside paragraph 1 of the orders made by the Supreme Court of the Northern Territory on 3 December 2018 and in its place order that the defendant pay the plaintiff's costs of and incidental to the proceedings to be taxed on the standard basis. (These costs are to include the costs of all interlocutory proceedings other than those which have been the subject of separate costs awards); and
(d) the matter be remitted to another judge of the Supreme Court of the Northern Territory for assessment of damages.
Background
Background to the litigation
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
Established by: KIEFEL CJ, KEANE J, GAGELER J, GORDON AND EDELMAN JJ
Full text does not contain this section.