This page contains casenotes and articles written by Tom. You can search for a case by name, or you can browse by year / topic.
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State of NSW v Dennis [2025] NSWCA 118
This is a civil appeal, but readers of this column need not fear – the consequences of the decision are wide-reaching and important for police powers in criminal matters. The Court of Appeal has found that for the purposes of the power to arrest a person without a warrant, it is the actual, subjecti
Robinson v State of New South Wales [2018] NSWCA 231
In this decision (which, admittedly, deals with the tort of wrongful arrest), the Court of Appeal has determined that an arrest is only lawful if it is exercised for the purpose of commencing criminal proceedings. It is not a legal exercise of the power to arrest a person in order to investigate whe
Gould v Director of Public Prosecutions (Cth) [2018] NSWCCA 209
The CCA has confirmed that the there is no power to go behind Telecommunication Interception warrants; challenges are limited to issues on the face of the warrant which would render it invalid.
Director of Public Prosecutions (NSW) v Shaba [2018] NSWSC 811
A judge of the Supreme Court has held that police do not need to suspect that a person who is the subject of a Firearms Prohibition Order has a firearm before exercising a related power to search them.