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Cited for the general approach to awards for unlawful arrest and detention.
Cited for the proposition that after arrest the peace officer has a discretion whether to detain the arrestee or warn the person to attend court.
Cited for the approach that awards for unlawful arrest and detention should be fair but not extravagant and that factors tending to introduce a penal element…
Relied upon as authority on the police duty to justify continued detention and the burden of proof in unlawful detention claims.
Applied for the principle that the burden of justifying a deprivation of liberty rests on the detaining authority once interference with liberty is established.
Cited regarding the constitutional right to freedom and security of the person.
Cited as a recent decision providing guidance on comparable awards for unlawful detention.
Cited for the proposition that an appellate court may determine an appropriate award of damages where the relevant facts appear sufficiently from the record…
Cited in relation to delictual liability and damages flowing from unlawful detention by the state.
Cited for the principle that determining an appropriate award of damages entails the exercise of a true discretion guided principally by the particular facts…
Cited for the factors a court must consider when assessing damages for unlawful detention and for the constitutional rights infringed by unlawful deprivation…
Cited regarding the state's constitutional obligation to respect, protect, promote and fulfil fundamental rights.
Cited for the general approach to awards for unlawful arrest and detention and as a comparable award guide.
Cited for the principle that the effect of a lawful arrest is that the person is placed in lawful custody subject to the Act's provisions permitting release.
Cited as authority that damages for unlawful arrest and detention are aimed at providing personal satisfaction for injured feelings and, later, as a comparable…
Cited as authority for the test that an applicant for special leave to appeal must show reasonable prospects of success and special circumstances warranting a…
Noted as having been cited with approval in Mahlangu regarding the general principle of holding the state liable for damages arising from official wrongdoing.