Licciardello v The Queen

The appeal concerned the conviction of the appellant, Licciardello, for escaping lawful custody. The central dispute revolved around the lawfulness of the arrest that preceded the alleged escape. The case was heard by Higgins CJ, Penfold and Cowdroy JJ.

The court was required to determine two primary legal issues. Firstly, whether the arresting officer held the requisite suspicion to effect a lawful arrest under the relevant legislation. Secondly, whether the appellant was physically placed under arrest and therefore in lawful custody at the time of the alleged escape. The court also considered whether the appellant was bound by his conduct at trial and thus prevented from raising new grounds on appeal.

The court reasoned that for an arrest to be lawful, the arresting officer must have entertained a genuine suspicion that the person had committed or was about to commit an offence. In this instance, the evidence did not establish that the officer held such a suspicion. Furthermore, the court found that the appellant had not been physically placed under arrest, meaning he was not in lawful custody. Consequently, the conviction for escaping lawful custody could not stand.

The conviction of the appellant on the charge of escaping lawful custody was set aside, and a verdict of not guilty was entered in respect of that charge.