Negligent investigation by police : can a duty of care be found using the existing negligence principles in Australia?

Yule, Jennifer M. (2008) Negligent investigation by police : can a duty of care be found using the existing negligence principles in Australia? Journal of Australasian Law Teachers Association, 1, pp. 379-389.

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The Supreme Court of Canada, by majority, has found a tort of negligent investigation. The reasons for the decision were that there was a sufficiently close relationship between the investigating police officer and the particularized suspect for there to be a duty of care owed and there was no compelling policy reason why this duty of care should not be found. However it was decided that this duty of care was not breached. It will be considered in this paper whether courts can find a duty of care owed by police officers to suspects using the existing negligence principles in Australia, in accordance with the reasoning of the High Court in cases like Sullivan v Moody and Tame.

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ID Code: 19697
Item Type: Journal Article
Refereed: Yes
Additional URLs:
Keywords: law, torts, police, negligence, investigation
ISSN: 1836-5620
Divisions: Current > QUT Faculties and Divisions > Faculty of Law
Current > Research Centres > Law and Justice Research Centre
Current > Schools > School of Law
Copyright Owner: Copyright 2008 Australasian Law Teachers Association
Deposited On: 23 Apr 2009 04:26
Last Modified: 29 Feb 2012 13:43

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