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Warrantless arrest unlawful where officer lacked reasonable grounds to suspect a Schedule 1 (dangerous-wound) assault; appeal dismissed.
Criminal procedure – warrantless arrest s 40(1)(b) – necessity of objectively reasonable suspicion that arrestee committed a Schedule 1 offence; Assault – Schedule 1 requires infliction of a dangerous wound; Onus – arresting officer must prove lawfulness of arrest; Procedure – judgment at close of defendant’s case where no evidence supports defendant permissible; Costs – magistrate may award counsel’s fees up to three times tariff within discretion.
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