CASE STUDY

It is a Friday night in August 2019 and Jock and Ben are at the footy. They have been drinking a lot and behaving obnoxiously. During the game, they have been exchanging unpleasantries and then arguing with a supporter from the opposite team, Ravi. At one stage the exchange becomes loud and acrimonious and it is interrupted by security. They go on watching the game.

Jock's and Ben's team loses. They make their way out of the stadium at about 11.00 pm. A few streets away, they bump into the opposition supporter Ravi from earlier and they are clearly looking for an argument. Things escalate and their verbal exchanges turn into a physical assault. Jock and Ben have little difficulty overwhelming Ravi.They throw him to the ground and kick and punch him.After laying a few blows himself, Ben films some of the attack on his mobile phone. Ravi's phone also falls out of his pocket to the ground during the scuffle and Ben picks it up and pockets it.

A couple of people nearby, Leo and Max, hear the scuffle and rush out to see what is going on. As they approach calling out 'stop', Ben runs away. By that stage, Jock is no longer beating Ravi but is standing over him on the ground screaming abuse at him. He does not notice the others approach, and Leo and Max are able to incapacitate Jock and call police to report the attack.

Ten minutes later, Senior Constable Bozo and Constable Sapper arrive on the scene. Jock is still held by Max and Leo. Senior Constable Bozo says: 'We'll take it from here, fellows'.They immediately arrest Jock, whose hands are covered in blood.Leo and Max tell police what they saw and that there was someone else involved who ran away. Ravi tells police that the two guys had been hassling him during the game and stole his phone during the attack. Ravi is taken to hospital with a broken nose, a few broken ribs and some bruising.

Was Jock lawfully arrested?

(some things to consider in answering)

A person (including a police officer) must do everything that a reasonable person in the circumstances would do to inform the person being arrested that they are under arrest

Did Jock comprehend that they are acting under compulsion and not voluntarily.

Did Jock understand that he is not free to go?

Has Jock been told the reason for arrest?

If force was used to arrest Jock, was it reasonable?

Was jock found by a person (including a police officer) committing an indictable or summary offence?

Did Leo, max or the police officers believe on reasonable grounds that apprehension was necessary for one or more of the prescribed reasons (s458(1)(a))

The prescribed reasons are:

(i) to ensure the attendance of the offender before a court of competent jurisdiction;

(ii) to preserve public order;

(iii) to prevent the continuation or repetition of the offence or the commission of a further offence; or

(iv) for the safety or welfare of members of the public or of the offender (s458(1)(a).

(choose one or more and elaborate)