Nicolaides v State of Western Australia

The case of *Nicolaides v State of Western Australia* concerned a dispute between the appellant, Mr. Nicolaides, and the respondent, the State of Western Australia. The matter came before the High Court of Australia, with judgment delivered by Hayne and Kiefel JJ.

The central legal issue before the High Court was whether the appellant had been deprived of his liberty contrary to the provisions of section 9 of the *Criminal Code* (WA). This question arose in the context of the appellant's arrest and detention by police officers.

The Court reasoned that section 9 of the *Criminal Code* (WA) requires that a person be brought before a justice with all reasonable expedition, and in any event within 24 hours of arrest, unless the person is brought before a court within that time. The Court found that the evidence did not establish that the appellant had been brought before a justice or a court within the prescribed timeframe. Consequently, the Court concluded that the appellant had been deprived of his liberty contrary to section 9 of the *Criminal Code* (WA).

The High Court allowed the appeal and made orders accordingly.