Full Court Minute Books

Case D2/2021

The Queen v. Rolfe

Case No.


Case Information

Lower Court Judgment

13/08/2021 Supreme Court of the Northern Territory (Southwood, Kelly, Blokland JJ, Mildren and Hiley AJJ)

[2021] NTSCFC 6


Criminal law – Police – Use of lethal force by police officer – Protection from criminal liability – Where respondent police officer shot person violently resisting arrest three times, resulting in death – Where respondent charged with murder and, in alternative, manslaughter – Where respondent sought to rely on defence in s 148B of Police Administration Act 1978 (NT) – Where s 148B provided protection from criminal liability for act done by person in good faith in exercise of power or function under Act – Where s 5 of Act provided “core functions” of NT Police Force includes protection of life and prevention of criminal offences – Where availability of s 148B immunity referred to NT Full Court, which held respondent may rely on s 148B immunity – Whether “performance of function by person” in s 148B includes “core functions of Police Force” in s 5 – Whether respondent may rely on s 148B immunity.


19/08/2021 Application for special leave to appeal

10/09/2021 Hearing (SLA, Canberra and video connection)

01/10/2021 Written submissions (Applicant)

01/10/2021 Chronology (Applicant)

15/10/2021 Written submissions (Respondent)

25/10/2021 Reply

25/10/2021 Written submissions in response to question (Respondent)

26/10/2021 Written submissions in response to question (Applicant)

02/11/2021 Hearing (Full Court, Canberra) (Audio-visual recording)

02/11/2021 Outline of oral argument (Applicant)

02/11/2021 Outline of oral argument (Respondent)

10/11/2021 Judgment (Judgment summary)