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Facthunter

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12/08/20

15:04

Post #: 46485718
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Originally posted by tasboy: ↑

Andrew Hamilton Vs Director of Public Prosecutions - Justice Stephen Kaye -Melbourne Supreme Court ruling - 25 November 2011"It is an ancient principle of the Common Law that a person not under arrest has noobligation to stop for police or answer their questions. And there is no statute thatremoves that right. The conferring of such a power on a police officer would be asubstantial detraction from the fundamental freedoms which have been guaranteed tothe citizen by the Common Law for centuries."

Magistrate Duncan Reynolds - Melbourne - July 2013"There is no common law power vested in police giving them the unfettered right to stopor detain a person and seek identification details. Nor, is s.59 of the (Road Safety) Act astatutory source of such power."

NOTE: None of the above precedents have been overturned on appeal or in the High Court.They still stand today and you can point out to the police that they are acting unlawfully ifthey continue to detain you without due cause to believe you have committed a crime.

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