Christie v Leachinsky

Facts

Police arrested a man on a charge for which they had no power to arrest without a warrant, when their real reason was a different offence.

Issue

Must a person be told the true reason for his arrest?

Held

Yes. The arrest was unlawful because he was not told the real ground.

Principle

A person is entitled to know in substance why he is being arrested, unless the circumstances make it obvious or he makes it impossible to tell him.

Why it matters

Reflected in section 17(2)(a) of the 1991 Constitution.

For study only. By lanbuk.com. Always check current sources and consult a qualified professional.