State of New South Wales v Robinson

The Court of Appeal of New South Wales considered the lawfulness of an arrest made without a warrant in *State of New South Wales v Robinson*. The dispute concerned whether the arrest of the respondent, Mr. Robinson, by a police officer was authorised under section 99(3) of the *Law Enforcement (Powers and Responsibilities) Act 2002* (NSW).

The central legal issue before the Court was the proper construction of section 99(3) of the Act, specifically whether an arrest under that provision required the arresting police officer to believe that the arrest was "necessary" for one of the purposes enumerated in the subsection, or whether the officer merely needed to have a reasonable suspicion that the person had committed or was about to commit an offence and that the arrest was for one of those purposes. The Court also considered the state of mind required of the arresting officer and the test for reasonableness in relation to that state of mind.

The Court reasoned that section 99(3) requires the arresting officer to have formed a belief that the arrest is necessary for one of the specified purposes, in addition to having a reasonable suspicion that the person has committed or is about to commit an offence. The Court found that the arresting officer in this instance had not formed the requisite belief that the arrest was necessary for any of the purposes listed in the subsection. Consequently, the arrest was unlawful.

The Court of Appeal allowed the appeal, set aside the orders made by the District Court, and entered judgment for the State of New South Wales. The respondent was ordered to pay the appellant's costs of the appeal and in the court below.