Territory Stories

Debates Day 3 - Thursday 21 October 1993



Debates Day 3 - Thursday 21 October 1993

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Parliamentary Record 21


Debates for 6th Assembly 1990 - 1994; ParliamentNT; Parliamentary Record; 6th Assembly 1990 - 1994




Made available by the Legislative Assembly of the Northern Territory





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Legislative Assembly of the Northern Territory

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Attribution International 4.0 (CC BY 4.0)

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Legislative Assembly of the Northern Territory



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DEBATES - Thursday 21 October 1QQ3 arresting people but, by the same token, we need to ensure that citizens are protected if they are acting reasonably in the protection of their property, the property of others or the well-being of themselves, their families or other citizens. I do not think that we will serve the cause of the Territory by trying continually to water down what is a right for other Australians. Mr PARISH: Mr Chairman, I seek a clarification from the Attorney-General. I may have misheard him, but I thought he said that, under proposed new section 441(a), the causes were cumulative. One would have to find the offender committing an offence, and have reasonable grounds to believe ... Mr Manzie: That is what it says. Mr PARISH: ... and know that it was to ensure the appearance etc. As I read it, they are not cumulative. They are alternatives. I may be wrong in that, but the way I read it, it is not necessary actually to catch them in the act ... Mr Manzie: You are wrong. Just read it. Mr PARISH: Subsection (a) says: finds the offender committing an offence or doing an act or behaving or conducting himself, or in such circumstances, that the person believes on reasonable grounds that the offender has committed- an offence and that the arrest of the offender is necessary ... Mr Chairman, let me give an example. There is an assault. You did not actually see the person strike the blow, but you came around the corner a moment later and saw someone lying on the ground bleeding and another person running away with blood on their knuckles. You might well have reasonable grounds for believing that that was the fellow who had committed the offence, but you did not actually see him do it. Under this subsection, you would have reasonable grounds to believe he committed the offence. Mr MANZIE: No - 'finds the offender conducting himself or in such circumstances . .. ' Mr PARISH: He is conducting himself because he is running away and his knuckles are bleeding, and the other fellow is lying on the ground. Mr MANZIE: Right. And he has reasonable grounds to believe that he has committed an offence. That is right. Mr PARISH: Yes, but he did not find him actually committing the offence. Am I right on that or not? Mr Perron: What would you do? Mr Perron: I am just trying to clarify the line ... Mr MANZIE: Read what it says. Go through it very slowly and tell me what you think. You are the learned gentleman here. Mr PARISH: I am just trying to understand it. Am I correct that, in the following fact situation, you would be entitled to act under this legislation? 10 236

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