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Fight night in the Bunnings car park

By 18 November 2011 31

A 20-year-old man was apprehended for driving with an Alcohol Content (AC) of 0.151 last night (Thursday, November 17) in Canberra’s north.

Around 10.20pm last night, police attended the Bunnings car park in Lathlain Street Belconnen after it was reported that a group of people were fighting and drinking at that location.

Police attended the car park where they spoke to the 20-year-old driver of a white Holden station-wagon, a non-licence holder from NSW. The driver underwent a roadside screening test which returned a positive result. As police were speaking to the man, he ran from them across the car park.

The man was arrested a short distance away and taken to the Belconnen Police Station where a further test revealed his alcohol content (AC) to be 0.151.

The man will be summonsed to appear at the ACT Magistrates Court at a later date where he will face drink-driving, driving while unlicensed, escape custody and resist police charges.

This recent incident comes after Belconnen Patrol members conducted a targeted operation on Thursday morning (November 17) where seven drink-drivers were caught.

Police will continue to target drink-driving until the end of the year.

[Courtesy ACT Policing]

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31 Responses to Fight night in the Bunnings car park
#1
Mumbucks8:53 pm, 18 Nov 11

Maybe bunnings was out of spray paint

#2
p110:21 pm, 18 Nov 11

Escape custody? Raises an interesting question about exactly when you are “in custody”?

#3
gospeedygo10:54 pm, 18 Nov 11

MMMMmmmmm I can smell summer around the corner.

#4
Mr Waffle11:58 pm, 18 Nov 11

“white Holden”

Say it isn’t so!

#5
trevar8:27 am, 19 Nov 11

Someone’s forgotten the first rule of fight club.

#6
Tooks8:57 am, 19 Nov 11

p1 said :

Escape custody? Raises an interesting question about exactly when you are “in custody”?

You’re in custody when you fail your screening test and they tell you you’re in custody.

#7
KeenGolfer9:05 am, 19 Nov 11

p1 said :

Escape custody? Raises an interesting question about exactly when you are “in custody”?

Not really. After returning a positive screen the driver is told they are in police custody for the purposes of breath analysis. Do a runner like this guy and you’ve escaped custody.

#8
dvaey12:23 pm, 19 Nov 11

Tooks said :

p1 said :

Escape custody? Raises an interesting question about exactly when you are “in custody”?

You’re in custody when you fail your screening test and they tell you you’re in custody.

But they hadnt arrested him or placed him into custody? They might believe they had, but if they havent told him, then is it so? (If they HAD already arrested him, then why did the next line say they arrested him after the chase?)

As p1 asks though, it does raise an interesting question. Does the failure of a screening test automatically mean youre in police custody, even if youre unaware of that fact? The fact a screening test is being administered does revoke certain other liberties and police liabilities, so it conceivably may follow that such a law exists (if you fail, youre in custody, even if youre not aware of that fact)

#9
KeenGolfer12:45 pm, 19 Nov 11

dvaey said :

But they hadnt arrested him or placed him into custody? They might believe they had, but if they havent told him, then is it so? (If they HAD already arrested him, then why did the next line say they arrested him after the chase?)

They have placed him in custody by advising him of that fact as I stated in my reply. It’s the first thing that’s said after a positive screen as well as advising the screen was positive. Police don’t arrest for PCA, they take a person into custody. Effectively though, it’s the same thing – its just a legal wording thing.

After he runs though they can arrest and handcuff for escaping custody and resisting.

#10
Henry8212:45 pm, 19 Nov 11

dvaey said :

But they hadnt arrested him or placed him into custody?

AFAIK he’d been “detained” for a purpose of a breath-test.

#11
Lookout Smithers1:03 pm, 19 Nov 11

Did anyone see what happened here? Might have been nicked for his own good? But if he had no license and they weren’t able to identify him before he legged it, they have to bring him in to at least find out who he is. And look at what they found. DUI. Not the worst charge you could cop. You don’t have to talk to police ever. But you do have to identify yourself, Name, DOB, Address. That’s it. If they have what they need, silence won’t help you anyway. Best to co operate and at least keep them in a civil mood. Running away is something I would film for a comedy. Very silly.

#12
Tooks3:34 pm, 19 Nov 11

dvaey said :

Tooks said :

p1 said :

Escape custody? Raises an interesting question about exactly when you are “in custody”?

You’re in custody when you fail your screening test and they tell you you’re in custody.

But they hadnt arrested him or placed him into custody? They might believe they had, but if they havent told him, then is it so? (If they HAD already arrested him, then why did the next line say they arrested him after the chase?)

As p1 asks though, it does raise an interesting question. Does the failure of a screening test automatically mean youre in police custody, even if youre unaware of that fact? The fact a screening test is being administered does revoke certain other liberties and police liabilities, so it conceivably may follow that such a law exists (if you fail, youre in custody, even if youre not aware of that fact)

This has been explained by myself and Keen Golfer. You’re in custody when you are told you’re in custody. The relevant act allows a police officer to take a person who has failed a screening test into custody for the purpose of breath analysis.

The arrest came when he tried to do a runner.

#13
Waiting For Godot4:53 pm, 19 Nov 11

Bunnings has a bad reputation for attracting unsavoury types. Remember the bloke who bashed his kid to death with a frying pan in the Tuggers Bunnings carpark? We should all stay away from Bunnings and the low lifes who go there.

#14
p15:31 pm, 19 Nov 11

Tooks said :

This has been explained by myself and Keen Golfer. You’re in custody when you are told you’re in custody. The relevant act allows a police officer to take a person who has failed a screening test into custody for the purpose of breath analysis.

The arrest came when he tried to do a runner.

So the trick is to do the runner before the test result comes back? That way you haven’t refused the test, and you haven’t escaped custody?

#15
Tooks8:46 am, 20 Nov 11

p1 said :

Tooks said :

This has been explained by myself and Keen Golfer. You’re in custody when you are told you’re in custody. The relevant act allows a police officer to take a person who has failed a screening test into custody for the purpose of breath analysis.

The arrest came when he tried to do a runner.

So the trick is to do the runner before the test result comes back? That way you haven’t refused the test, and you haven’t escaped custody?

The result comes back almost instantaneously though, so it would be a bit tricky.

#16
merlin bodega10:00 am, 20 Nov 11

Can Bunnings at Quangers please leave the car park open at night. It would save these people a drive.

#17
TheDancingDjinn10:58 am, 20 Nov 11

Waiting For Godot said :

Bunnings has a bad reputation for attracting unsavoury types. Remember the bloke who bashed his kid to death with a frying pan in the Tuggers Bunnings carpark? We should all stay away from Bunnings and the low lifes who go there.

WHAT?!! – When did that happen? (while i am aware that it changing topic – PLEASE FILL ME IN!)

#18
buzz81912:30 pm, 20 Nov 11

TheDancingDjinn said :

Waiting For Godot said :

Bunnings has a bad reputation for attracting unsavoury types. Remember the bloke who bashed his kid to death with a frying pan in the Tuggers Bunnings carpark? We should all stay away from Bunnings and the low lifes who go there.

WHAT?!! – When did that happen? (while i am aware that it changing topic – PLEASE FILL ME IN!)

Trinaty Monique Howarth was just four years old when she died after being bashed with a saucepan, walking stick and tent pole by her mother’s partner.

Her killer, Darren Lee Cassidy, 42, said he was trying to discipline the young girl for lying.

On Monday, Cassidy was sentenced to 15 years and three months jail, with a non-parole period of 10 years and two months.

Trinaty died in a Canberra hospital of severe head and internal injuries in November 2005, two days after Cassidy bashed her in the back of her mother’s vehicle in a public carpark.

The trio had been on a road trip, visiting friends and family throughout Australia, when the child died.

The young girl’s extended family say they will never recover from the pain of her death.

Trinaty’s mother Alicia Wilson, who is now 26, suffers ongoing panic attacks, has attempted suicide twice and has been unable to work since her daughter’s death.

Trinaty’s father, Stephen Howarth, has spiralled into a deep depression which his mother does not think he will ever recover from.

Neither Mr Howarth nor Ms Wilson were in the ACT Supreme Court on Monday to watch as their daughter’s killer was sentenced.

But both of Trinaty’s grandmothers were there for the emotional day.

Glenys Howarth, Stephen’s mother, was sobbing as she walked out of the courtroom.

“The sentence was more than we had hoped for and not as much as I would have hoped for – I would’ve liked to see him not come out,” she told reporters outside the court.

“She was four, she told a lie and for that she got the death sentence.

“He killed her because she told a lie and maybe in 10 years time he’ll be free to walk again – something I find terrifying.”

Trinaty’s maternal grandmother Kerry Wilson said she hoped the sentencing would bring closure for the extended family.

“I’m relieved in a lot of ways but no sentence is ever enough,” she told reporters.

Kerry Wilson said she had spoken to her daughter Alicia, who was “over the moon” with the sentence as she was expecting Cassidy to get six years jail.

Cassidy was initially charged with murder but it was downgraded to manslaughter during the legal proceedings.

He pleaded guilty to the manslaughter charge and a second offence of assaulting Trinaty’s mother, Ms Wilson.

Chief Justice Terrence Higgins said no sentence could bring Trinaty back.

“It was brutal, cowardly and merciless,” he said of the attack.

Justice Higgins took into consideration the apparent remorse felt by Cassidy, his bipolar disorder, violently abusive childhood and limited criminal history.

He said the prospects of Cassidy’s rehabilitation were good but he needed to give a harsh sentence to condemn the heinous crime committed.

Cassidy did not intend to kill but did intend to harm the little girl, he said.

Justice Higgins sentenced Cassidy to 15 years jail for the manslaughter of Trinaty and three months for assaulting her mother.

The maximum penalty for manslaughter in the ACT is 20 years.

The sentence will be backdated to November 2005 when Cassidy was first taken into custody, and includes a non-parole period of 10 years and two months.

#19
matt3122112:55 pm, 20 Nov 11

Waiting For Godot said :

Bunnings has a bad reputation for attracting unsavoury types. Remember the bloke who bashed his kid to death with a frying pan in the Tuggers Bunnings carpark? We should all stay away from Bunnings and the low lifes who go there.

Way to stereotype everyone who shops at Bunnings d******d! What are you suggesting the ‘good’ people should shop at the alternative – Magnet mart? They don’t have as big as a range and are more expensive.

#20
TheDancingDjinn1:33 pm, 20 Nov 11

buzz819 said :

TheDancingDjinn said :

Waiting For Godot said :

Bunnings has a bad reputation for attracting unsavoury types. Remember the bloke who bashed his kid to death with a frying pan in the Tuggers Bunnings carpark? We should all stay away from Bunnings and the low lifes who go there.

WHAT?!! – When did that happen? (while i am aware that it changing topic – PLEASE FILL ME IN!)

Trinaty Monique Howarth was just four years old when she died after being bashed with a saucepan, walking stick and tent pole by her mother’s partner.

Her killer, Darren Lee Cassidy, 42, said he was trying to discipline the young girl for lying.

On Monday, Cassidy was sentenced to 15 years and three months jail, with a non-parole period of 10 years and two months.

Trinaty died in a Canberra hospital of severe head and internal injuries in November 2005, two days after Cassidy bashed her in the back of her mother’s vehicle in a public carpark.

The trio had been on a road trip, visiting friends and family throughout Australia, when the child died.

The young girl’s extended family say they will never recover from the pain of her death.

Trinaty’s mother Alicia Wilson, who is now 26, suffers ongoing panic attacks, has attempted suicide twice and has been unable to work since her daughter’s death.

Trinaty’s father, Stephen Howarth, has spiralled into a deep depression which his mother does not think he will ever recover from.

Neither Mr Howarth nor Ms Wilson were in the ACT Supreme Court on Monday to watch as their daughter’s killer was sentenced.

But both of Trinaty’s grandmothers were there for the emotional day.

Glenys Howarth, Stephen’s mother, was sobbing as she walked out of the courtroom.

“The sentence was more than we had hoped for and not as much as I would have hoped for – I would’ve liked to see him not come out,” she told reporters outside the court.

“She was four, she told a lie and for that she got the death sentence.

“He killed her because she told a lie and maybe in 10 years time he’ll be free to walk again – something I find terrifying.”

Trinaty’s maternal grandmother Kerry Wilson said she hoped the sentencing would bring closure for the extended family.

“I’m relieved in a lot of ways but no sentence is ever enough,” she told reporters.

Kerry Wilson said she had spoken to her daughter Alicia, who was “over the moon” with the sentence as she was expecting Cassidy to get six years jail.

Cassidy was initially charged with murder but it was downgraded to manslaughter during the legal proceedings.

He pleaded guilty to the manslaughter charge and a second offence of assaulting Trinaty’s mother, Ms Wilson.

Chief Justice Terrence Higgins said no sentence could bring Trinaty back.

“It was brutal, cowardly and merciless,” he said of the attack.

Justice Higgins took into consideration the apparent remorse felt by Cassidy, his bipolar disorder, violently abusive childhood and limited criminal history.

He said the prospects of Cassidy’s rehabilitation were good but he needed to give a harsh sentence to condemn the heinous crime committed.

Cassidy did not intend to kill but did intend to harm the little girl, he said.

Justice Higgins sentenced Cassidy to 15 years jail for the manslaughter of Trinaty and three months for assaulting her mother.

The maximum penalty for manslaughter in the ACT is 20 years.

The sentence will be backdated to November 2005 when Cassidy was first taken into custody, and includes a non-parole period of 10 years and two months.

Unbelievable….

#21
Mumbucks1:56 pm, 20 Nov 11

The moral of the story don’t DIY

#22
TheDancingDjinn2:02 pm, 20 Nov 11

matt31221 said :

Waiting For Godot said :

Bunnings has a bad reputation for attracting unsavoury types. Remember the bloke who bashed his kid to death with a frying pan in the Tuggers Bunnings carpark? We should all stay away from Bunnings and the low lifes who go there.

Way to stereotype everyone who shops at Bunnings d******d! What are you suggesting the ‘good’ people should shop at the alternative – Magnet mart? They don’t have as big as a range and are more expensive.

Yes genius that’s exactly what he said!

#23
Lazy I3:22 pm, 20 Nov 11

matt31221 said :

Waiting For Godot said :

Bunnings has a bad reputation for attracting unsavoury types. Remember the bloke who bashed his kid to death with a frying pan in the Tuggers Bunnings carpark? We should all stay away from Bunnings and the low lifes who go there.

Way to stereotype everyone who shops at Bunnings d******d! What are you suggesting the ‘good’ people should shop at the alternative – Magnet mart? They don’t have as big as a range and are more expensive.

If you just can’t live without that high quality Chinese water fountain, or UV susceptible outdoor setting, there is always eBay to buy similar items to increase the value of your 320m2 slice of paradise.

eg. http://goo.gl/a4dR2

#24
Stevian6:21 pm, 20 Nov 11

TheDancingDjinn said :

buzz819 said :

TheDancingDjinn said :

Waiting For Godot said :

Bunnings has a bad reputation for attracting unsavoury types. Remember the bloke who bashed his kid to death with a frying pan in the Tuggers Bunnings carpark? We should all stay away from Bunnings and the low lifes who go there.

WHAT?!! – When did that happen? (while i am aware that it changing topic – PLEASE FILL ME IN!)

Trinaty Monique Howarth was just four years old when she died after being bashed with a saucepan, walking stick and tent pole by her mother’s partner.

Her killer, Darren Lee Cassidy, 42, said he was trying to discipline the young girl for lying.

On Monday, Cassidy was sentenced to 15 years and three months jail, with a non-parole period of 10 years and two months.

Trinaty died in a Canberra hospital of severe head and internal injuries in November 2005, two days after Cassidy bashed her in the back of her mother’s vehicle in a public carpark.

The trio had been on a road trip, visiting friends and family throughout Australia, when the child died.

The young girl’s extended family say they will never recover from the pain of her death.

Trinaty’s mother Alicia Wilson, who is now 26, suffers ongoing panic attacks, has attempted suicide twice and has been unable to work since her daughter’s death.

Trinaty’s father, Stephen Howarth, has spiralled into a deep depression which his mother does not think he will ever recover from.

Neither Mr Howarth nor Ms Wilson were in the ACT Supreme Court on Monday to watch as their daughter’s killer was sentenced.

But both of Trinaty’s grandmothers were there for the emotional day.

Glenys Howarth, Stephen’s mother, was sobbing as she walked out of the courtroom.

“The sentence was more than we had hoped for and not as much as I would have hoped for – I would’ve liked to see him not come out,” she told reporters outside the court.

“She was four, she told a lie and for that she got the death sentence.

“He killed her because she told a lie and maybe in 10 years time he’ll be free to walk again – something I find terrifying.”

Trinaty’s maternal grandmother Kerry Wilson said she hoped the sentencing would bring closure for the extended family.

“I’m relieved in a lot of ways but no sentence is ever enough,” she told reporters.

Kerry Wilson said she had spoken to her daughter Alicia, who was “over the moon” with the sentence as she was expecting Cassidy to get six years jail.

Cassidy was initially charged with murder but it was downgraded to manslaughter during the legal proceedings.

He pleaded guilty to the manslaughter charge and a second offence of assaulting Trinaty’s mother, Ms Wilson.

Chief Justice Terrence Higgins said no sentence could bring Trinaty back.

“It was brutal, cowardly and merciless,” he said of the attack.

Justice Higgins took into consideration the apparent remorse felt by Cassidy, his bipolar disorder, violently abusive childhood and limited criminal history.

He said the prospects of Cassidy’s rehabilitation were good but he needed to give a harsh sentence to condemn the heinous crime committed.

Cassidy did not intend to kill but did intend to harm the little girl, he said.

Justice Higgins sentenced Cassidy to 15 years jail for the manslaughter of Trinaty and three months for assaulting her mother.

The maximum penalty for manslaughter in the ACT is 20 years.

The sentence will be backdated to November 2005 when Cassidy was first taken into custody, and includes a non-parole period of 10 years and two months.

Unbelievable….

Because it’s fiction. Is there any supporting evidence for any of the above?

#25
Tooks7:14 pm, 20 Nov 11

Stevian said :

TheDancingDjinn said :

buzz819 said :

TheDancingDjinn said :

Waiting For Godot said :

Bunnings has a bad reputation for attracting unsavoury types. Remember the bloke who bashed his kid to death with a frying pan in the Tuggers Bunnings carpark? We should all stay away from Bunnings and the low lifes who go there.

WHAT?!! – When did that happen? (while i am aware that it changing topic – PLEASE FILL ME IN!)

Trinaty Monique Howarth was just four years old when she died after being bashed with a saucepan, walking stick and tent pole by her mother’s partner.

Her killer, Darren Lee Cassidy, 42, said he was trying to discipline the young girl for lying.

On Monday, Cassidy was sentenced to 15 years and three months jail, with a non-parole period of 10 years and two months.

Trinaty died in a Canberra hospital of severe head and internal injuries in November 2005, two days after Cassidy bashed her in the back of her mother’s vehicle in a public carpark.

The trio had been on a road trip, visiting friends and family throughout Australia, when the child died.

The young girl’s extended family say they will never recover from the pain of her death.

Trinaty’s mother Alicia Wilson, who is now 26, suffers ongoing panic attacks, has attempted suicide twice and has been unable to work since her daughter’s death.

Trinaty’s father, Stephen Howarth, has spiralled into a deep depression which his mother does not think he will ever recover from.

Neither Mr Howarth nor Ms Wilson were in the ACT Supreme Court on Monday to watch as their daughter’s killer was sentenced.

But both of Trinaty’s grandmothers were there for the emotional day.

Glenys Howarth, Stephen’s mother, was sobbing as she walked out of the courtroom.

“The sentence was more than we had hoped for and not as much as I would have hoped for – I would’ve liked to see him not come out,” she told reporters outside the court.

“She was four, she told a lie and for that she got the death sentence.

“He killed her because she told a lie and maybe in 10 years time he’ll be free to walk again – something I find terrifying.”

Trinaty’s maternal grandmother Kerry Wilson said she hoped the sentencing would bring closure for the extended family.

“I’m relieved in a lot of ways but no sentence is ever enough,” she told reporters.

Kerry Wilson said she had spoken to her daughter Alicia, who was “over the moon” with the sentence as she was expecting Cassidy to get six years jail.

Cassidy was initially charged with murder but it was downgraded to manslaughter during the legal proceedings.

He pleaded guilty to the manslaughter charge and a second offence of assaulting Trinaty’s mother, Ms Wilson.

Chief Justice Terrence Higgins said no sentence could bring Trinaty back.

“It was brutal, cowardly and merciless,” he said of the attack.

Justice Higgins took into consideration the apparent remorse felt by Cassidy, his bipolar disorder, violently abusive childhood and limited criminal history.

He said the prospects of Cassidy’s rehabilitation were good but he needed to give a harsh sentence to condemn the heinous crime committed.

Cassidy did not intend to kill but did intend to harm the little girl, he said.

Justice Higgins sentenced Cassidy to 15 years jail for the manslaughter of Trinaty and three months for assaulting her mother.

The maximum penalty for manslaughter in the ACT is 20 years.

The sentence will be backdated to November 2005 when Cassidy was first taken into custody, and includes a non-parole period of 10 years and two months.

Unbelievable….

Because it’s fiction. Is there any supporting evidence for any of the above?

Are you serious?

http://www.canberratimes.com.au/news/local/news/general/tears-as-trinatys-killer-gets-15-years/240224.aspx?storypage=1

#26
buzz8197:49 pm, 20 Nov 11

Stevian said :

TheDancingDjinn said :

buzz819 said :

TheDancingDjinn said :

Waiting For Godot said :

Unbelievable….

Because it’s fiction. Is there any supporting evidence for any of the above?

What you think I just typed that out because I was bored?

I didn’t think I would have to source the information.

#27
Dilandach9:53 am, 21 Nov 11

Dilandach said :

Are you serious?

Dilandach said :

http://www.canberratimes.com.au/news/local/news/general/tears-as-trinatys-killer-gets-15-years/240224.aspx?storypage=1

We need a decent war, famine or plague to break out. Its clear that a lot of the lower rungs of society have had their numbers artificially kept high due to the welfare society that has become the norm. Its akin to feeding pigeons. Start feeding them and they increase in number while crapping over everything you and everyone else own.

Whenever I see one of two things, it instantly lets me know that they’re mentally retarded.

Rats tails. Every time I see one I want to keep tugging it until it rips off. When the family unit is spotted with rats tails galore, I’m tempted to reach for the ratsack and improve society just that little bit.

The mongrel dog look, usually with black hair and an uneven blonde streak put through the hair. The owner mostly has the monobrow to complete the “skewls for fewls” look.

#28
devils_advocate10:26 am, 21 Nov 11

Lookout Smithers said :

You don’t have to talk to police ever. But you do have to identify yourself, Name, DOB, Address. That’s it.

Um, no, in the absence of anything else you are not required to give the police any details about yourself. As a brown person and a lawyer, I have been in this situation a number of times, and yes the policy frequently try it on, ask you for ID etc, but no you’re not required to present it to them. They can arrest you if they want but it would be unusual for them to do so without a good reason. As a general principle, individuals are not required to incriminate themselves or be witnesses in their own prosecution, and this extends to handing over ID or details.

#29
bearlikesbeer11:06 am, 21 Nov 11

“Around 10.20pm last night, police attended the Bunnings car park in Lathlain Street Belconnen after it was reported that a group of people were fighting and drinking at that location.”

Sounds like the police assumed an offence had been committed.

Buzz819 recently provided the following info when commenting on the “Methead Busted in belco Kmart” post:

Section 211 Crimes Act 1900 – Requirement to provide name
(1) If—
(a) a police officer has reason to believe that an offence has been
or may have been committed; and
(b) believes on reasonable grounds that a person may be able to
assist him or her in inquiries in relation to that offence; and
(c) the name or address (or both) of that person is unknown to the
officer;
the officer—
(d) may request the person to provide his or her name or address
(or both) to the officer; and
(e) if making such a request—shall inform the person of the reason
for the request.
(2) If a police officer—
(a) makes a request of a person under subsection (1); and
(b) informs the person of the reason for the request; and
(c) complies with subsection (3) if the person makes a request
under that subsection;
the person shall not, without reasonable excuse—
(d) fail to comply with the request; or
(e) give a name or address that is false in a material particular.
(3) If a police officer who makes a request of a person under
subsection (1) is requested by the person to provide to the person—
(a) his or her name or the address of his or her place of duty; or
(b) his or her name and that address; or
(c) if he or she is not in uniform and it is practicable for the police
officer to provide the evidence—evidence that he or she is a
police officer;
the police officer shall not—
(d) fail to comply with the request; or
(e) give a name or address that is false in a material particular.
(4) As soon as possible after making such a request, the police officer
shall make a written record of the grounds for his or her belief.
Maximum penalty: $500.

#30
devils_advocate3:30 pm, 21 Nov 11

bearlikesbeer said :

“Around 10.20pm last night, police attended the Bunnings car park in Lathlain Street Belconnen after it was reported that a group of people were fighting and drinking at that location.”

Sounds like the police assumed an offence had been committed.

Buzz819 recently provided the following info when commenting on the “Methead Busted in belco Kmart” post:

Section 211 Crimes Act 1900 – Requirement to provide name
(1) If—
(a) a police officer has reason to believe that an offence has been
or may have been committed; and
(b) believes on reasonable grounds that a person may be able to
assist him or her in inquiries in relation to that offence; and
(c) the name or address (or both) of that person is unknown to the
officer;
the officer—
(d) may request the person to provide his or her name or address
(or both) to the officer; and
(e) if making such a request—shall inform the person of the reason
for the request.
(2) If a police officer—
(a) makes a request of a person under subsection (1); and
(b) informs the person of the reason for the request; and
(c) complies with subsection (3) if the person makes a request
under that subsection;
the person shall not, without reasonable excuse—
(d) fail to comply with the request; or
(e) give a name or address that is false in a material particular.
(3) If a police officer who makes a request of a person under
subsection (1) is requested by the person to provide to the person—
(a) his or her name or the address of his or her place of duty; or
(b) his or her name and that address; or
(c) if he or she is not in uniform and it is practicable for the police
officer to provide the evidence—evidence that he or she is a
police officer;
the police officer shall not—
(d) fail to comply with the request; or
(e) give a name or address that is false in a material particular.
(4) As soon as possible after making such a request, the police officer
shall make a written record of the grounds for his or her belief.
Maximum penalty: $500.

Good post. Demonstrates that there are requirements that need to be met before the police can demand your details or arrest you for not providing them.

But a minor point of clarification – it’s not open to the police to ‘assume’ a crime has been committed. Much has been written about the meaning of “reason to believe” and it requires more than just assumption.

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