WATKINS v STATE OF VICTORIA and Others

27 VR 543·Ashley and Mandie JJA and Beach AJA
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27 VR 543
27 VR 543
WATKINS v STATE OF VICTORIA and OthersCourt of AppealAshley and Mandie JJA and Beach AJA21, 25 September 2009, 11 June 2010[2010] VSCA 138Tort — Intentional torts — Assault — Defences — Statutory authority — Self-defence — Defence of others — Police — Fingerprints obtained forcibly — Statutory authority to use reasonable force — Proportionality — Reasonable belief — Crimes Act 1958 (No 6231) s 464K(7)..

Section 464K(2) of the Crimes Act 1958 (“the Act”) provided that a member of the police force intending to fingerprint a person under the section was to inform the person of the purpose for which the fingerprints were required and related matters.

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