State of New South Wales v Kuru

The Court of Appeal of New South Wales considered the powers of police officers to enter and remain on private premises in circumstances where there was an initial reasonable apprehension of domestic violence, which later dissipated. The dispute arose from the State of New South Wales's appeal against a decision concerning the actions of police officers at Mr Kuru's residence.

The central legal issues before the court were the proper construction of sections 357F, 357G, and 357H of the Crimes Act 1900 (NSW), which relate to police powers in domestic violence situations, and how these statutory provisions interacted with the common law. Specifically, the court had to determine whether police could lawfully enter and remain on premises without an invitation, based on a reasonable apprehension of domestic violence, and whether this power persisted even after the apprehension dissipated, particularly when an invitation to search was later revoked.

The Court of Appeal reasoned that the statutory provisions conferred a power on police to enter premises if they held a reasonable apprehension of domestic violence, irrespective of whether they were invited. This power was not extinguished simply because the initial apprehension dissipated or because the occupier subsequently revoked consent to remain or search. The court found that the police had acted within their statutory powers in entering the premises and that the subsequent revocation of consent did not render their continued presence unlawful. Consequently, the appeal was upheld, the trial judge's orders were set aside, and judgment was entered for the State, with Mr Kuru ordered to pay the State's costs of the trial.