Follett v Mann

Case [2019] ACTSC 141


SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:

Follett v Mann

Citation:

[2019] ACTSC 141

Hearing Date:

12 February 2019

Submissions last received:

Decision Date:

1 March 2019

4 June 2019

Before:

McWilliam AsJ

Decision:

See [70]

Catchwords:

CRIMINAL LAW – APPEAL – Appeal against conviction – common assault – where arrest found to be unlawful under s 121 of the Casino Control Act 2006 (ACT) – where alternative source of power under s 218 of the Crimes Act 1900 (ACT) existed to arrest by way of “citizen’s arrest” – whether power to arrest impliedly requires element of necessity – whether appellant acted in self-defence – whether findings of guilt otherwise unsafe or unsatisfactory

Legislation Cited:

Casino Control Act 2006 (ACT) s 121

Crimes Act 1900 (ACT) ss 24, 26, 49, 212, 218
Crimes Act 1900 (NSW) s 352
Crimes (Sentencing) Act 2005 (ACT) s 17
Criminal Code 2002 (ACT) s 33(1)
Evidence Act 2011 (ACT) s 138
Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) s 100
Legislation Act 2001 (ACT) s 139

Magistrates Court Act 1930 (ACT) s 208

Cases Cited:

Anderson v Judges of the District Court of New South Wales (1992) 27 NSWLR 701

Coleman v Power [2005] HCA 39; 220 CLR 1
Dal Cortivo v The Queen (2010) 204 A Crim R 55
Donaldson v Broomby (1982) 40 ALR 525
DPP v Carr [2002] NSWSC 194; 127 A Crim R 151
DPP v Matthews-Hunter [2014] NSWSC 843
Greenwood v Barlee [2018] ACTCA 62
Holloway v Thurgar [2016] ACTSC 32
JCS v R; R v JMS [2006] NSWCCA 221; 164 A Crim R 1
Kruger v The Commonwealth of Australia (1997) 190 CLR 1
M v The Queen (1994) 181 CLR 487
Parkinson v Alexander [2016] ACTSCFC 1; 11 ACTLR 190
Peverill v Crampton [2010] ACTSC 79
R v Hill[2012] ACTSC 17; 6 ACTLR 167
R v Portelli [2004] VSCA 178; 10 VR 259
Ruddock v Taylor [2005] HCA 48; 222 CLR 612
Thomas v R (1992) 65 A Crim R 269
Uber BV & Anor v Howarth [2017] NSWSC 54
Veivers v Roberts, Ex parte Veivers [1980] Qd R 226
Zavarinos v State of NSW [2004] NSWCA 320; 62 NSWLR 58

Zecevic v Director of Public Prosecutions (1987) 162 CLR 645

Parties:

Jennifer Helen Follett (Appellant)

Matthew John Mann (Respondent)

Representation:

Counsel

M Keaney (Appellant)

S Naidu (Respondent)

Solicitors

Darryl Perkins Solicitors (Appellant)

ACT Director of Public Prosecutions (Respondent)

File Number:

SCA 45 of 2018

Decision under appeal: 

Court:  Magistrates Court of the ACT

Before:  Magistrate Morrison

Date of Decision:         18 July 2018

Date of Sentence:        16 August 2018

Case Title:  Mann v Follett & Follett

Citation: [2018] ACTMC 13

Court File Number:       CC 7906 of 16

McWilliam AsJ:

  1. On 29 July 2016, Jennifer Follett, the appellant on this appeal, was involved in an incident at the Canberra Casino (Casino) after she sought to intervene between security officers employed by the Casino…

Continue reading Follett v Mann

Sign in free to access the full text

Details
AGLC
Follett v Mann [2019] ACTSC 141
Case
[2019] ACTSC 141
Decision Date

CaseChat Overview and Summary

The appellant, Follett, was convicted of common assault by the Magistrates Court of the Australian Capital Territory and appealed against the conviction. The conviction arose from an incident where the appellant assaulted a security guard, Mr Mann, while he was being arrested for an alleged breach of casino regulations. The arrest was conducted by Mr Mann, who was not a police officer but was employed by the casino, and was based on the Casino Control Act 2006 (ACT). The appellant argued that the arrest was unlawful because it was not conducted in accordance with the Act, and further contended that the conviction should be quashed as it was unsafe and unsatisfactory.

The legal issues that the court was required to address included whether the power to arrest impliedly required an element of necessity, whether the appellant acted in self-defence, and whether the findings of guilt were otherwise unsafe or unsatisfactory. The court examined the provisions of the Casino Control Act 2006 (ACT) and the Crimes Act 1900 (ACT), and considered whether the arrest was lawful under either Act. The court also considered whether the appellant’s actions were justified as a reasonable response to the situation, and whether the conviction was so flawed as to warrant a new trial.

The court found that the arrest was unlawful under the Casino Control Act 2006 (ACT) because it was not conducted in accordance with the provisions of that Act. However, the court also found that the appellant had an alternative source of power to arrest under s 218 of the Crimes Act 1900 (ACT) by way of “citizen’s arrest”. The court considered whether the power to arrest impliedly required an element of necessity and found that it did not. The court also found that the appellant had acted in self-defence, and that the findings of guilt were not otherwise unsafe or unsatisfactory. The appeal was dismissed.

No further orders were made by the court.

Orders

Orders of the court

See [70]

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.