Clisdell v Commissioner of Police

In *Clisdell v Commissioner of Police* [1993] NSWCA 63, the New South Wales Court of Appeal considered an appeal by Mr Clisdell against a decision of the Supreme Court of New South Wales. The dispute concerned the validity of a search warrant issued under the *Crimes Act 1900* (NSW) and the subsequent seizure of certain documents. Mr Clisdell sought to have the warrant quashed and the seized documents returned.

The primary legal issue before the Court of Appeal was whether the information laid before the Justice of the Peace who issued the search warrant was sufficient to establish reasonable suspicion that an indictable offence had been, or was suspected on reasonable grounds to have been, committed. This involved an examination of the requirements for an affidavit supporting a search warrant application under section 354 of the *Crimes Act 1900* (NSW), particularly concerning the nature and specificity of the information required to justify the belief of the informant.

The Court of Appeal held that the affidavit supporting the warrant application was deficient. It found that the affidavit did not provide sufficient particularity regarding the alleged offence or the grounds for the informant's suspicion. The Court reiterated the principle that a Justice of the Peace must be satisfied on reasonable grounds that an offence has been committed before issuing a search warrant, and this satisfaction must be based on information presented to them, not merely on the informant's assertion of suspicion. The Court concluded that the Justice of the Peace had not been properly informed of the grounds for suspicion, rendering the warrant invalid.

Consequently, the Court of Appeal allowed the appeal, quashed the search warrant, and ordered the return of the seized documents to Mr Clisdell.