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DPP v Leonard

DPP v Leonard

Case [2001] NSWSC 797 14 September 2001

Appeal

Admissibility of Evidence

Consent

Criminal Law

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Reported Decision:
53 NSWLR 227
127 A Crim R 381

New South Wales

Supreme Court

CITATION: DPP v Leonard [2001] NSWSC 797

CURRENT JURISDICTION: Common Law

FILE NUMBER(S): SC 11765 of 2001

HEARING DATE(S): 30 July 2001

JUDGMENT DATE:
14 September 2001

PARTIES :

THE DIRECTOR OF PUBLIC PROSECUTIONS
(Plaintiff)
v
TROY CLAUDE LEONARD
(Defendant)

JUDGMENT OF: James J

LOWER COURT
JURISDICTION : Local Court

LOWER COURT
FILE NUMBER(S) :

LOWER COURT
JUDICIAL OFFICER : Mr Dowd LCM

COUNSEL :
P Berman SC
(Plaintiff)
J Hart
(Defendant)

SOLICITORS:
S E O'Connor
Solicitor for Public Prosecutions
(Plaintiff)
Perrot's Solicitors
(Defendant)

CATCHWORDS: Appeal from Magistrate - search of defendant's vehicle by police officer - consent to search - whether knowledge of right to refuse consent is critical to validity of consent - admissions - whether consent to search is admission - whether any breach of legal requirements by police officer was "deliberate" or "reckless".

LEGISLATION CITED: Justices Act s 104 (4)
Criminal Procedure act s 108
Evidence Act s 138
Drug Misuse and Trafficking Act s 37(4)

CASES CITED: George v Rockett (1990) 170 CLR 104
Anderson v Judge's of the District Court of NSW (1992) 27 NSWLR 701
Bunning v Cross (1977-1978) 141 CLR 54
Pollard v The Queen (1992-1993) 176 CLR 177
R v Bozatsis and Spanakakis (1997) 97 A Crim R 296
Peyton and Anor v Nobbs and Anor (2000) NSWSC 43 (Newman J)
Director of Public Prosecutions v Nicholls (2001) NSWSC 523 (Adams J)
Wineburg v Stafford (unreported, 22 July 1997)
R v Azar (1991) 56 A Crim R 414
Schneckloth v Bustamonte 412 U.S. 218
Meates v Attorney-General (1981) 2 NZLR 335
Ghani v Jones (1970) 1 QB 693
Werner v The Police (High Court of New Zealand, Gallen J, 16 April 1986)
R v Horton (1998) 45 NSWLR 426
R v Esposito (1998) 45 NSWLR 442
Re A (a Child) (2000) 115 A Crim R 1
R v Tolmie (1996) 84 A Crim R 293

DECISION: Appeal allowed

- 43 -

IN THE SUPREME COURT

OF NEW SOUTH WALES

SYDNEY REGISTRY

COMMON LAW DIVISION

11765 of 2001

James J

September 2001

THE DIRECTOR OF PUBLIC PROSECUTIONS
(Plaintiff)

TROY CLAUDE LEONARD
(Defendant)

Judgment

1 HIS HONOUR: This is an appeal by the plaintiff, the Director of Public Prosecutions pursuant to s 104(4) of the Justices Act, against a decision by a Local Court Magistrate (Mr Dowd) made on 6 March 2001, refusing to admit evidence obtained as a result of a search of a vehicle being driven by the defendant, Troy Claude Leonard, in a prosecution of the defendant on drug charges.

2 The offences with which the defendant was charged were allegedly committed on 28 April 2000 on the Sturt Highway near Hay. The principal prosecution witness is a Police Officer, Constable Barnes. In a statement made by him, Constable Barnes said that at about 12.30am on 28 April 2000 he was performing random breath testing duties on the Sturt Highway near Hay. Constable…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading DPP v Leonard

Details

AGLC: DPP v Leonard [2001] NSWSC 797
Case: [2001] NSWSC 797
Decision Date: 14 September 2001

CaseChat Overview and Summary

In the case of DPP v Leonard, the respondent, Leonard, appealed against a conviction for drug possession. The conviction stemmed from the search of Leonard's vehicle by a police officer, who had obtained consent to conduct the search. The appeal was heard in the Supreme Court of New South Wales. Leonard argued that the consent to search was invalid as he was not aware of his right to refuse consent, and that any admissions made during the search were obtained as a result of an illegal search.

The primary legal issues the court had to address were whether knowledge of the right to refuse consent is essential for the validity of the consent given, and whether consent to search constitutes an admission of guilt. Additionally, the court needed to determine whether any breach of legal requirements by the police officer was deliberate or reckless. The court considered the principles established in previous case law regarding the voluntariness and legality of consent given to police searches.

The court held that knowledge of the right to refuse consent is not critical to the validity of the consent, as long as the consent was given voluntarily. The court found that Leonard's consent was voluntary, and therefore, the search was lawful. The court also held that admissions made during the search were not obtained as a result of an illegal search, as the search was lawful. Regarding the police officer's conduct, the court found that there was no deliberate or reckless breach of legal requirements. The court emphasised that the police officer had acted in good faith and within the bounds of the law.

In conclusion, the appeal was dismissed. The court upheld the conviction and found that the search was lawful and the admissions made during the search were valid. The court did not find any deliberate or reckless breach of legal requirements by the police officer.

Orders