Police v Majeed

Case [2024] ACTMC 19


MAGISTRATES COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:

Police v Majeed

Citation: 

[2024] ACTMC 19

Hearing Dates: 

25 June 2024

Decision Date: 

3 September 2024

Before:

Magistrate Temby

Decision: 

The Defendant has a case to answer

Catchwords: 

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Escape from arrest – no case submission – requirement in s 160 of the Crimes Act for a police officer to have arrested a person in respect of an offence – whether s 56A of the Bail Act is an offence provision – whether an arrest for a contravention of a bail condition is an arrest in respect of an offence

Legislation Cited: 

Crimes Act 1900 (ACT) ss 160, 212, 219

Bail Act 1992 ss 49, 56A,

Legislation Act 2001, ss 139, 142

Magistrates Court Act 1930, s 42

Criminal Law (Sentencing) Act 1988 (SA) s 30

Crimes (Amendment) Ordinance (No.2) 1988, s 358AC

Crimes Act 1914 (Cth), ss 46, 47, 48A

Crimes Legislation Amendment Act 1987

Cases Cited: 

May v O’Sullivan (1955) 92 CLR 654

DPP (NSW) v Elskaf [2012] NSWSC 21

R v Barlow (1997) 188 CLR 1

Kingswell v R (1985) 159 CLR 264

Andrews v Thomson [2018] ACTCA 53

Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355

Martino Developments Pty Ltd v John Doughty [2008] VSC 517

The Trustees Executors & Agency Co Ltd v Reilly [1941] VLR 110

PNJ v R (2009) 252 ALR 612

Parties: 

Katie Mary Wales (Informant)

Saleh Hassan Majeed ( Defendant)

Representation: 

Solicitors

Director of Public Prosecutions

ACT Legal Aid ( Defendant)

File Numbers:

CC 9977 of 2024

CC 9978 of 2024

MAGISTRATE TEMBY:

Introduction

1․On 11 October 2023, Constables Koppie and Wales were on patrol in Isabella Plains, where they encountered the Defendant, Mr Majeed. They recognised him because he was required to report to the Tuggeranong police station, to which they were both attached, as part of his bail conditions.

2․It is alleged that Constable Wales arrested Mr Majeed for breaching his bail conditions, but that he then escaped before being captured again about 100 metres away. He is charged with an offence of having been ‘lawfully arrested in respect of an offence under a law of the Territory’, he escaped from that arrest..

3․At the conclusion of the Prosecution case, Mr Majeed made a “no case” submission. For the reasons which follow, I do not accept that submission. Mr Majeed has a case to answer.

The no case submission

4․Mr Majeed is charged under s 160 of the Crimes Act 1900 (ACT) (Crimes Act). That provision states, relevantly (emphasis added):

Escaping

A person who has been lawfully arrested … in respect of an offence against a law of the Territory … and who escapes from that arrest … commits an offence.

5․The parties agree that the elements of the charged offence are:

(a)The Defendant had been lawfully arrested.

(b)The Defendant was arrested in respect of an offence against a law of the Territory.

(c)The Defendant…

Continue reading Police v Majeed

Sign in free to access the full text

Details
AGLC
Police v Majeed [2024] ACTMC 19
Case
[2024] ACTMC 19
Decision Date

CaseChat Overview and Summary

The Police sought a no case submission in respect of charges laid against the defendant, Majeed, for escaping from arrest. The defendant was arrested for contravening a condition of his bail not to leave certain premises, and he was charged with escaping lawful custody under section 160 of the Crimes Act 1900 (NSW). The defendant argued that he could not be lawfully arrested for a contravention of bail conditions and therefore could not be lawfully arrested in respect of an offence, and so could not be guilty of escaping from lawful custody. The court was required to determine whether the arrest was in respect of an offence and whether the contravention of a bail condition was an offence. The court found that the arrest was in respect of an offence because section 56A of the Bail Act 1978 (NSW) was an offence provision and contravening a bail condition was an offence. As such, the defendant had a case to answer.

The court found that the arrest was in respect of an offence because section 56A of the Bail Act 1978 (NSW) was an offence provision. The court found that contravening a bail condition was an offence because it was expressly stated in section 56A of the Bail Act 1978 (NSW) to be an offence. The court found that the defendant had a case to answer because it was a question of fact as to whether the defendant had escaped from lawful custody. The court found that it was not necessary to consider whether there was any other legal impediment to the defendant’s arrest, as it was sufficient to find that the arrest was in respect of an offence. The court found that the defendant had a case to answer on the charge of escaping lawful custody.

Orders

Orders of the court

The Defendant has a case to answer

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.