Director of Public Prosecutions v Okwechime (No 2)

The case of Director of Public Prosecutions v Okwechime (No 2) involved the Director of Public Prosecutions prosecuting the accused on criminal charges. The issue at hand was whether evidence obtained by an Acting Sergeant directing officers to take photographs of the accused should be excluded under section 230 of the Crimes Act 1900 (ACT). The accused argued that the Acting Sergeant's actions constituted an unlawful request to take photographs, and thus, a breach of the statutory provisions.

The primary legal issue the court had to address was whether an Acting Sergeant had the statutory capacity to delegate the power to take photographs as per section 230 of the Crimes Act 1900 (ACT). Additionally, the court needed to determine the interpretation of the term "take" in section 185 of the Act, considering whether it includes requesting another person to perform the act.

The court found that the Acting Sergeant did not have the statutory capacity to delegate the power to take photographs under section 230 of the Crimes Act 1900 (ACT). The court held that the definition of "take" in section 185 does not include requesting another person to perform the act. Consequently, the evidence obtained through the Acting Sergeant's direction was deemed inadmissible. The court's reasoning was based on the plain language of the statutory provisions and the absence of any authority for such delegation.

The final orders of the court were to exclude the evidence obtained through the Acting Sergeant's direction, as it was found to be in breach of the statutory provisions. The court's decision underscored the importance of strict adherence to statutory powers and the need for clear interpretation of legal terms.