FACT SCENARIO The following events occurred in May of 2022. Police were called to a Southport address after reports from a neighbour of yelling and screaming coming from a house. While on the call the neighbour reported hearing a woman scream, "No Atticus, don't!" followed by a loud explosion. All police in attendance were informed that this address has been the subject of several domestic violence incidents. On police arrival at the scene, the middle of the house was on fire. Fire services were already present, and Atticus, a 35-year-old male of Aboriginal descent who was an occupant of the house, was being restrained by fire officers preventing him from entering the house. He was screaming out for his infant son who he said was in the back room of the house. He was highly distressed. At generally the same time as the above, a 30-year-old female named Crystaline, the partner of Atticus and mother of the infant, was being assessed by ambulance officers and even though she was in a highly agitated state and rambling incoherently, police were advised by the ambulance officers that she did not have any physical injuries requiring treatment. She was handcuffed and put in a police car and taken back to the police station. After that, and back at the scene of the fire, police were advised that a woman who was watching the scene unfold was the neighbour of Atticus and Crystaline. Her name was Karen Keen. Constable Seth Law approached Karen Keen and asked her to confirm that she was in fact a neighbour. Law asked Keen for her name, date of birth and address. Karen Keen was a law student and said, "Don't try that one with me, Constable. I am a legal expert and I know my rights! I am upholding my right to remain silent. The Police Powers and Responsibilities Act requires you to desist from any further questioning". Constable Seth Law said, "You're not a suspect, you idiot, but you are a potential witness and I require you to provide me with this information. If you do not provide it, I will have to charge you". Another person at the scene, named Trevor, was observed by police officers to be scampering to the end of the street and attempting to climb over a fence into vacant land surrounded by bush. Trevor was 65 years old and grossly overweight. A plain clothes officer, Detective Deepak Smith chased him and was followed by two other uniformed officers. Detective Smith grabbed Trevor and attempted to pull him down off the fence. Trevor fell backwards into Detective Smith. Trevor then punched Detective Smith in the face. Both men fell to the ground and Trevor rolled away and was stopped by the presence of the fence. The first uniformed officer to reach Trevor and Detective Smith was Constable Tim Tam. He observed the assault by Trevor on Detective Smith and immediately grabbed his taser and prepared to discharge it. The second uniformed officer, Constable Gerry Kind, was close behind Constable Tam and yelled out, "Stop, Tim! That's Big Trev and he has a serious heart condition!". Constable Tam turned his head briefly towards Constable Kind, but ignored his advice and discharged the taser. Trevor had a heart seizure and was taken to hospital via ambulance. Atticus was assessed by the ambulance officers as having no particular medical issues despite being in a state of shock. Yet another police officer, Constable Havier Dodge, put his hand gently on Atticus's shoulder and said, "Mate how about you come back to the station with us and have a chat about things." Atticus, still staggering on his feet, put out his hands as if expecting to be cuffed. "No need for that mate," said Constable Dodge as he assisted Atticus into the police car. While he was being led to the car it appeared very obvious to Constable Hodge that Atticus was intoxicated as he was stumbling and required assistance with walking. He vomited just before being placed into the police car. During the drive to the station, Atticus blurted out, "It's all Cousin Bernie's fault for teaching us all how to make Molotov cocktails. I warned them all to stop, but they didn't listen. I hope Big Trev has burnt to death!". This statement was recorded on Constable Dodge's body camera, which had been on for the duration of his contact with Atticus. Constable Dodge looked to his colleague, who gave him a nod, and then Dodge cautioned Atticus and told him he was formally under arrest on suspicion of having committed arson. There is no suggestion that Dodge's caution was inaccurate or incomplete. The reference to Cousin Bernie was pursued by the investigators. Cousin Bernie was a distant relative of Atticus, but there is no suggestion he was present at the house where the fire occurred. Atticus was taken to an interview room and called a lawyer who advised him not to make a statement. When the officer in charge of the case, Detective Deepak Smith, came into the interview room, Crystaline could clearly be heard screaming hysterically from nearby in the police station, and Atticus became distressed and begged Detective Smith to get her some medication. Atticus said that Crystaline had been on methamphetamine for the past two days and had not had her medication which she takes for her diagnosed schizophrenia for over a week. Detective Smith said, 'That is the least of your problems. I have just been notified that your infant son died in hospital from smoke inhalation'. Atticus collapsed on the floor and in his state of shock urinated. That conversation and the following conversation were recorded on Detective Smith's body camera. "Look mate, I know this is a tragic situation, but you need to pull yourself together and help us out so that we can get Crystaline some medical care and get her taken somewhere she can be cared for. I am going to help get you cleaned up and then we need to have a proper chat about exactly what happened at your home". Another very junior officer helped Atticus get dressed, and noticed Atticus was still suffering from intoxication by the way he was unable to properly get his legs into the replacement clothes police had provided, a boiler suit. The junior officer mentioned this to Detective Smith, who told the junior officer not to worry, because if they had to wait for everyone to sober up, they would never get any work done. As soon as Atticus was dressed, he was returned to the interview room and Detective Smith, set up the recording device and began the formal interview. Although Atticus made no clear admission to being responsible for starting the fire, he did make several statements against his own interest such as "I started it!" and "It was all my fault!" and "I deserve to rot in prison!" He also contradicted himself on numerous occasions in relation to events leading up to the fire. QUESTION 1 Atticus is charged with manslaughter and arson. You do not need to analyse the substance of those charges. The Prosecution seeks to rely on the conversation in the car. They say this was a spontaneous admission, because at the time it occurred Atticus was not under arrest and that he had agreed to go to the station voluntarily. Analyse whether Atticus was under arrest prior to that statement being made. Should he have been formally arrested, and if so, at what stage? You should address the law and provide a developed argument for both sides before concluding. QUESTION 2 You have the role of defence counsel for Atticus. You seek to have the entire contents of the recorded interview at the Police Station excluded from the evidence at trial. What procedural safeguards must you check regarding this interview to ensure that there was compliance? On the evidence currently available, what basis or bases could you apply to have the statement excluded? QUESTION 3 Was Karen Keen correct in her legal opinion or is she obliged to provide her details to the Police Officer? QUESTION 4 Discuss the legality of the use of force by police in the apprehension of Trevor