Criminals have been given the green light to run from police in a decision that has stunned the force.
A magistrate found that a drunk who sparked a police chase through city streets did not resist police.
The lawyer who helped beat the charges said the landmark ruling - which makes it clear suspected criminals cannot be punished for running from police - could now make the police's job of arresting suspects even harder.
The Victorian police association fears the decision will encourage more criminals to try to escape arrest, putting the safety of the public at risk.
Sydney man Andrew Hamilton ran from a Taco Bill restaurant in March last year after an argument about an unpaid $136 bill.
When approached by police, Mr Hamilton, 24, ran from the Collins St store and was chased on foot and in a squad car.
Ignoring police sirens and calls for him to stop, Mr Hamilton - who was later cleared of responsibility for the restaurant bill - was eventually arrested near Flinders St station more than 500m away.
He was charged with resisting police, but could not be immediately interviewed because he was too drunk.
In a ruling in Melbourne Magistrates' Court that is believed to be an Australian first, magistrate Simon Garnett found that Mr Hamilton had a "moral or social duty to stop when requested to do so and assist the police", but was not legally obliged to do so.
The charge of resisting police was dismissed and Mr Hamilton was awarded costs.
"After having committed no crime and merely being asked by police to talk to them, I was within my rights to run away," he said.
"Whilst I can appreciate the challenge that police face in investigating matters when the people they wish to speak to decide to run, there is no legal obligation for someone to remain there if the police have not told them they are under arrest."
Police Association secretary Greg Davies called for a review of the decision.
"We would hope that a review of this decision will be sought by the DPP, as this potentially gives the green light to all offenders to flee from police," he said.
Mr Hamilton's lawyer, Thomas Bevan, relied on cases from Britain and New Zealand. He said the outcome was "surprising" but made sense.
"The ruling is clear in that if you haven't been arrested then you don't have to stop," he said.
Taco Bill manager, Fonsie Julius, said he received an anonymous cheque for the outstanding $136 bill a week after the incident.
No comments:
Post a Comment