Case and comment : Police v McMillan [2010] NSWLC 9

[Extract] In December 2009, two police officers issued a directive to Mr Joshua McMillan to leave "the CBD" of Wagga pursuant to s 197 of the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) (LEPRA). He was subsequently charged for failure to comply with the direction in accordance with s 199 of the LEPRA. The offence itself attracts a maximum penalty of $220. In the grand scale of the hierarchy of criminal offences, the offence itself is a minor one. In this case the learned Magistrate, Mr Gordon Lerve, reserved his decision in order to examine the issue. In doing so, his Honour has provided one of the few reported examples of the operation of s 197 in New South Wales. This decision forms part of an emerging jurisprudence relating to statutory move-on powers