Foulkes v Coles

The case of Foulkes v Coles involved an appeal against a conviction in the Magistrates Court of the Australian Capital Territory. The appellant was convicted of obstructing a public official, resisting arrest, and two counts of assault on police officers. The appellant contested the legality of his arrest, which was made under a power to enter premises without a warrant to arrest him for a suspected breach of bail conditions. The appellant argued that the power to arrest for a suspected offence did not extend to the power to arrest for a breach of bail, and that an exception applied because it was practicable to arrest him at another time.

The court was required to determine whether the power to arrest for a suspected commission of an offence extends to the power to arrest for a breach of bail, and if so, whether an exception applied. The court also needed to decide whether it was practicable to arrest the appellant at another time, and if the arrest was lawful.

The court found that the power to arrest for a suspected commission of an offence did not extend to the power to arrest for a breach of bail. The court held that an exception applied because it was practicable to arrest the appellant at another time. The court concluded that the arrest was unlawful and set aside the convictions on the charges of assault and assault occasioning actual bodily harm. The court allowed the appeal on the charge of obstructing a public official and entered a verdict of not guilty. The appeal on the charges of assault and assault occasioning actual bodily harm was also allowed, the convictions were set aside, and the proceedings were remitted for further hearing.