70 NSWLR 125 :  NSWCA 303 - State of NSW v Delly - Summary of The Decision

DECISION:  (a) Appeal allowed in part; (b) Set aside the award of damages in favour of the respondent made by her Honour Judge Balla on 5 December 2005 and in lieu thereof enter a verdict for the respondent in the sum of $35,000 to date from 5 December 2005; (c) The appellant to pay the respondent’s costs of the appeal and of the summons for leave to appeal; (d) Grant leave to the parties to make such written submissions as they may be advised with respect to the following; (i) the addition of pre-judgment interest to the damages of $35,000, and/or; (ii) the effect of any relevant Calderbank offer on the costs of the trial or of the appeal; such submissions to be filed within 14 days of the date of these orders.   CATCHWORDS:   CRIMINAL LAW – Unlawful arrest – Person not informed that they were under arrest or the reasons for it – Exceptions to the requirement that a person should be informed of the reason why they are being arrested – Correct test for whether person had knowledge of the general nature of the alleged offence - TORTS – Particular torts – Unlawful arrest – Person not informed that they were under arrest or the reasons for it – Exceptions to the requirement that a person should be informed of the reason why they are being arrested – Correct test for whether person had knowledge of the general nature of the alleged offence - DAMAGES – Aggravated damages – Exemplary and punitive damages – Unlawful arrest by police officers   In your case note, keep the statement of facts and procedural history to a minimum (max 200 words), provide a concise summary of the decision (Description of decision) and focus on a case critique that comments on the legal analysis (including identifying the ratio and key obiter comments) and its wider implications. You should use other legal sources to help you with the critique. This is a research assignment, so these outside sources are very important.