Johnston (a Pseudonym) v The King

In the case of Johnston (a Pseudonym) v The King, the applicant, who had been charged with criminal offences, sought to exclude evidence obtained by the police during a search of his property. The search was conducted in excess of the authority granted under a safe custody warrant. The legal issues before the court were whether the evidence obtained during the subsequent search, which was conducted pursuant to a search warrant, was admissible at trial and whether the evidence obtained during the initial search, which exceeded the powers granted by the safe custody warrant, was improperly obtained.

The court held that the evidence obtained during the subsequent search was inadmissible because it was obtained in consequence of the improper and/or illegal Christmas Day search. The court found that the evidence obtained during the Christmas Day search was improperly obtained because it exceeded the powers granted by the safe custody warrant. The court also found that the evidence obtained during the subsequent search was inadmissible because it was obtained in consequence of the improperly obtained evidence from the Christmas Day search.

The court's reasoning was based on the provisions of section 138 of the Evidence Act 2008, which provides a discretion to exclude improperly or illegally obtained evidence. The court found that the evidence obtained during the Christmas Day search was improperly obtained and that the evidence obtained during the subsequent search was in consequence of the improperly obtained evidence. The court held that the evidence obtained during the subsequent search was inadmissible because it was obtained in consequence of the improperly obtained evidence from the Christmas Day search.

The final orders of the court were that the evidence obtained during the subsequent search was inadmissible at trial and that leave to appeal was granted. The appeal was allowed.