| CITATION: | Police v Kenny Hayes [2025] NTLC 10 |
| PARTIES: | Police |
| v | |
| Kenny John Hayes | |
| TITLE OF COURT: | LOCAL COURT |
| JURISDICTION: | CRIMINAL |
| FILE NO(s): | 22341675 |
| DELIVERED ON: | 24 June 2025 |
| DELIVERED AT: | Alice Springs |
| HEARING DATE(s): | 22 May 2025 |
| DECISION OF: | Judge Anthony Hopkins |
| CATCHWORDS: |
EVIDENCE – Discretions – Exclusion of evidence – Criminal proceedings – Resist Arrest and
Assault Police - Whether evidence obtained or as a consequence of impropriety or
contravention of an Australian law – Defendant arrested for contravening a South Australian
Domestic Violence Order that was not in force in the Northern Territory – Mistake of law –
Whether reasonable grounds for belief that offence had been committed – Police
Administration Act - Whether arrest unlawful – Application of Evidence (National Uniform
Legislation) Act, s 138 to evidence of resisting police and assaulting police following unlawful arrest.
Criminal Code 1983 (NT) s 189A
Domestic and Family Violence Act 2007 (NT) s 120
Domestic and Family Violence (Recognition of Domestic Violence Orders) (National Uniform Law)
Amendment Act 2017 (NT)
Police Administration Act 1978 (NT) ss 123, 158
Evidence (National Uniform Legislation) Act 2011 (NT) s 138
Migration Act 1958 (Cth)
International Covenant on Civil and Political Rights, opened for signature 19 December 1996, 999
UNTS 171 (entered into force 3 September 1953).
Coleman v Power [2004] HCA 39; (2004) 220 CLR 1
DPP v Carr [2002] NSWSC 194; (2001) 127 A Crim R 151
DPP v Kaba [2014] VSC 52; (2014) 44 VR 526
Emde v State of New South Wales [2025] NSWCA 41
George v Rockett [1990] HCA 26; (1990) 170 CLR 104
Kadir v the Queen [2020] HCA 1; (2020) 267 CLR 109 [12]-[14]
Ostrowski v Palmer [2004] HCA 30; 218 CLR 493
Parker v Comptroller-General of Customs [2009] HCA 7; (2009) 252 ALR 619
Page | 1
Prior v Mole [2017] HCA 10; (2017) 261 CLR 265
R v Coulstock (1998) 99 A Crim R 143
Rigby v Mulhall [2019] NTSC 70
Robinson v Woolworths Ltd [2005] NSWCCA 426; 64 NSWLR 612
Ruddock v Taylor [2005] HCA 48; (2005) 222 CLR 612
Thoms v Commonwealth [2022] HCA 20; (2022) 276 CLR 466
REPRESENTATION:
Counsel:
Complainant: Mr Aspin
Defendant: Mr McCowan
Decision category classification: B
Decision ID number: [2025] NTLC 10
Number of paragraphs: 107
Page | 2
IN THE LOCAL COURT
AT ALICE SPRINGS IN THE NORTHERN
TERRITORY OF AUSTRALIA
No. 22341675
BETWEEN
POLICE
Applicant
v
KENNY JOHN HAYES
DefendantREASONS FOR DECISION (Delivered 24 June 2025)
JUDGE HOPKINS
Introduction
1. On 31 December 2023 the defendant was charged with three offences alleged to have been committed on 29 December 2023:
i.
That he engaged in conduct that contravened a Domestic Violence Order (DVO), contrary to s 120(1) Domestic and Family Violence Act 2007 (NT) (Domestic and Family
Violence Act),
ii. That he did resist a member of the police force in the execution of his duty, contrary to s 158 Police…
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- Case
- [2025] NTLC 10
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the court was whether the defendant's arrest was lawful. The court held that the arrest was unlawful because the officers lacked reasonable grounds for their belief that the defendant had breached a DVO. The officers had mistakenly believed that a South Australian DVO was enforceable in the Northern Territory, which was a mistake of law. The court found that regardless of whether the mistake was one of law or fact, the test of whether the officers had reasonable grounds for the belief was to be judged against what was known or reasonably capable of being known. The court concluded that the officers did not have reasonable grounds for the belief, as the true state of the law with respect to the enforceability of interstate DVOs was not reasonably capable of being known by the officers.
The court also considered whether evidence of the alleged resistance to arrest and assault on a police officer should be excluded pursuant to s 138 Evidence (National Uniform Legislation) Act 2011 (UEA). The court found that the evidence was obtained in consequence of the unlawful arrest and therefore, the discretion to admit the evidence should not be exercised. The court held that the desirability of admitting the evidence did not outweigh the undesirability of admitting evidence that had been obtained in the way in which the evidence was obtained. The court excluded all of the evidence of the officers, including the evidence taken from their body worn footage.
The court dismissed the charges against the defendant and found him not guilty. The defendant was discharged from his bail obligations.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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