https://www.nationalcriminallawyers.com.au/new-spider-man-type-gadget-adopted-by-australian-police-as-alternative-to-taser/

A new option may emerge giving Australian Police officers a new toy to wrap up (literally) a suspect without causing harm to the individual. It’s called a Bolawrap, almost like a Spider-Man-type gadget that halts suspects by entangling them in cord fired from a handheld device.  This is being considered after dominating headlines in relation to the dangers of tasers being used during arrests. It was recently reported that, a man died in a Police incident after being tasered three times in two minutes.  A Taser fires two small dart-like electrodes which attach to the suspect and shock them with an electric current.

The device is a welcome alternative to being shot by a police gun or a Taser.

To see a demonstration of how the Bolawrap works, click here.

THE BOLAWRAP

9 News reported that, the US-designed BolaWrap 100 restraint is being considered as a painless alternative in some situations to the Taser stun gun. “It’s like throwing handcuffs on someone from a distance,” Tom Smith, president of Wrap Technologies and founder of Taser, told nine.com.au. He said the technology could prove valuable for police confronted by people under the influence of drugs or those with mental illness who need to be restrained.

“The BolaWrap 100 device ensures a safe distance can be kept between a suspect and a person trying to detain them; it does not inflict pain which can often escalate a situation, and it allows time for negotiation and de-escalation in a safe environment,” Mr Smith said.

The restraint has been demonstrated to police in NSW, Victoria, Queensland, Western Australia, and Tasmania as well as to officers from the Australian Federal Police.

Police in the US, New Zealand and Britain have also been given demonstrations.

Even on the front line of law enforcement, not all police officers are authorised to carry the devices.

The BolaWrap 100 is powered by a blank charge similar to a starting pistol. US police officers who have trialled it have said the noise from the device can also slow down suspects. It can discharged up to eight metres from the target.

“The BolaWrap 100 is certainly a welcome alternative to the service revolver and the Taser. It is clearly preferable to Tasers in the sense that it does not inflict continuous pain on the apprehended person,” Eugene Schofield-Georgesen, the council’s vice-president, said.

But he stressed the device should only be used “as a tool of last resort” in accordance with police guidelines.

Mr Smith said the BolaWrap 100 had received “positive feedback” from Australian police and further demonstrations were planned next month.

TASERS

During an arrest, Conducted Electrical Weapon, or ‘Taser,’ is an option police can use in situations where there is ‘high risk’ of serious injury.

Its purpose is to protect human life, prevent bodily harm, or diffuse a violent confrontation. A Taser shouldn’t be used to stop someone from running, or as pain compliance.

They release 50,000 volts when the probes penetrate skin and cause Neuromuscular Incapacitation. Unfortunately, in some instances the shock can be deadly.

The probes release five second rounds but can be used to ‘drive stun’ if ineffective.

A Taser can’t be activated without the in-built camera and microphone activating.

If used, footage is uploaded to a server and provides evidence in the matter.

It shows exactly where the target was standing, what was said by everyone and whether use of the device was warranted. If footage shows a person being compliant, surrendering or trying to run from officers and getting tasered in the back, that is typically seen as a big fail by police.

TASER DEATHS

In 2008 an indigenous man made international headlines after he was repeatedly tasered by two West Australian policemen. Kevin John Spratt, who died earlier this year in non-suspicious circumstances, cried out as he was tasered 13 times after refusing a strip-search.

Four years later Brazilian student Roberto Laudisio Curti died in central Sydney after several officers discharged their Tasers at him 14 times and used capsicum spray, handcuffs and batons to restrain him.

POLICE POWERS

An officer’s power to place someone under arrest lies in the Law Enforcement Powers and Responsibilities Act (LEPRA) 2002.

If the officer suspects on reasonable grounds that a person has committed or is committing an offence, they may arrest them. Reasons include:

• Repeating an offence or committing another offence
• To stop them from fleeing the officer or location of offence
• To determine the person’s identity
• To ensure they appear before court in relation to the offence
• To obtain property relating to an offence if it’s in the person’s possession
• To preserve evidence or prevent fabrication of evidence
• To prevent harassment or interference of a person who may give evidence relating to an offence (victim, witness, etc)
• To protect safety and welfare of any person including the arrested person
• Because of the nature and seriousness of the offence

As you can see, these can be interpreted in different ways, so there is a variety of reasons a person may be arrested.

To read our previous blog on Police Powers, click here.

https://www.nationalcriminallawyers.com.au/police-officer-charged-with-possessing-cocaine-at-the-star-casino/

It was reported recently that an off-duty police officer has been charged with possessing cocaine at Sydney’s Star Casino

The Police who were working in the area and were conducting a drug dog operation at the casino about 9.30pm when they spoke to a 32-year-old man.

The man was a senior constable attached to the State Crime Command. He was allegedly found to be in possession of a “small amount” of cocaine, a police statement said.

A NSW Police spokesperson said the off-duty officer had since been suspended and stood down, with final decisions about the incident expected to be made in the coming days.

Police standards of professional conduct say employees “must comply with the law whether on or off duty”.

“In the event that you are charged with a criminal offence you are required to report the matter to your commander,” the standards say. “Serious misconduct can lead to transfer, loss of income or removal from NSW Police.”

The man was issued a Future Court Attendance Notice for possessing a prohibited drug and will appear at the Downing Centre Local Court on Wednesday, October 23.

WHAT IS POSSESSION OF AN ILLEGAL DRUG ?

Possession is one of the most common drug offences. Possession means having a drug on you or in a house or property you occupy. You can be charged with possession of drugs if drugs are found in a car you own, or you are driving.

CASELAW/JURISDICTION

An offence of possess prohibited Drug is an offence which is to be dealt with in the Local Court.

The nature and mental element of possession were considered in the case of He Kaw The v R (1985) 157 CLR 523 which states it is for the Crown to prove the accused knew of the existence of the drug in his physical custody or control.

THE LAW

The offence of possessing a prohibited drug is contained in Section 10 of the Drug Misuse and Trafficking Act 1985 (NSW) which states that:

“A person who has a prohibited drug in his or her possession is guilty of an offence”.

WHAT MUST THE PROSECUTION PROVE?

Since possess a prohibited drug is a criminal offence, the burden of proof lies on the Prosecution.

The prosecution must prove the Accused’s guilt beyond reasonable doubt.

That is a high standard of proof that the prosecution must achieve before someone can be convicted of possess prohibited drug.

To establish possession, the prosecution must prove each of the following matters beyond reasonable doubt:

• You had a prohibited drug in your possession; and
• You knew it was in your possession, or you knew of its likely existence and nature; or
• You believed that it was a drug.

IF YOU ARE CHARGED WITH THE OFFENCE OF POSSESSION OF PROHIBITED DRUG WHAT ARE YOUR OPTIONS?

National Criminal Lawyers (NCL) have been successful in defending a number of possess prohibited drug charges where the prosecution could not establish each of the elements of the offence. We have also achieved a number of non-convictions for possess prohibited drug charges.

NCL offer the following options for those who have been charged with possess prohibited drug.

1. We will negotiate with prosecutors (police or DPP) (a term referred to as “plea negotiations”) to request that the charge is withdrawn, downgraded or fact sheets amended;
2. NCL will Plead Not Guilty and go to hearing/trial and persuade the Court that prosecution has not proven its case beyond reasonable doubt;
3. Plead guilty to the elements of the charge and then dispute the facts (at a special “disputed facts” hearing) with the view of having you sentenced less harshly; and/or
4. Plead guilty with full acceptance of the facts as set out by the police and make strong submissions on your behalf requesting that the Court not record a criminal conviction.

To read more about this offence, click on this link.