Thompson v Vincent

In *Thompson v Vincent*, the plaintiffs, Mr and Mrs Thompson, brought proceedings against police officers and a Mr McLeod. The dispute arose from the seizure of chattels from the Thompsons' property. The Thompsons alleged a conspiracy between McLeod and the police to unlawfully enter their property, remove McLeod's goods, and arrest Mr Thompson on a false charge, thereby hindering the Thompsons' efforts to protect their property and obtain police assistance against McLeod. The matter was heard in the Supreme Court of New South Wales.

The court was required to determine several legal issues, including whether there was a conspiracy between McLeod and the police to commit unlawful acts, whether the police officers committed trespass to land or goods, whether the arrest of Mr Thompson was lawful, and whether the police were negligent in their duty to prevent a breach of the peace. The Thompsons also raised claims of assault, false imprisonment, and malicious prosecution.

The trial judge, Judge Twigg QC, found that the Thompsons had not established a conspiracy between McLeod and the police. He accepted the police officers' evidence that they were present to prevent a breach of the peace and rejected the assertion that they acted in concert to assist McLeod in an unlawful trespass. The judge found that Mr Thompson's call for police assistance implicitly invited them onto the property. Regarding the arrest of Mr Thompson, the judge found that an assault occasioning injury had occurred and that the arresting officers, McDonald and Vincent, held a reasonable belief, based on reasonable grounds, that a serious offence had been committed, thus authorising the arrest under s352 of the *Crimes Act 1900* (NSW). The judge also found that police entered the residence at the invitation of Mrs Thompson.

The appeal brought by the Thompsons was dismissed with costs.