Abstract
Encounters with people suffering from mental illness are a common occurrence for Australian police, and the way these interactions are handled can have profound consequences for all involved. In this comment an examination is made of the differing approaches taken by the High Court of Australia and the Victorian Court of Appeal to a situation in which the police came upon a person who was contemplating suicide. After questioning the person the police formed the view that the circumstances did not justify the exercise of their powers to apprehend him and take him to a mental health facility for examination. The individual subsequently committed suicide. His wife then brought an action in tort against the police alleging that they had failed in their duty of care to take reasonable steps to protect a person suspected of attempting to commit suicide.
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