Police v Majeed

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.