Melling v The Queen

The case of Melling v The Queen concerned an appeal to the Court of Criminal Appeal of New South Wales. The appellant, Melling, was convicted of a number of offences, including aggravated break and enter and assault occasioning actual bodily harm. The appeal challenged the validity of the search of Melling's residence and the subsequent seizure of evidence, which formed the basis of his conviction.

The primary legal issue before the Court was whether the search warrant executed at Melling's home was lawfully obtained and executed, and consequently, whether the evidence seized pursuant to that warrant was admissible at trial. Specifically, the Court had to consider whether the police had reasonable grounds to suspect that Melling was in possession of stolen goods at the time the warrant was sought, and whether the warrant itself was sufficiently particular.

The Court of Criminal Appeal, comprising Heydon and Bell JJ, analysed the provisions of the *Crimes Act 1900* (NSW) relating to search warrants. Their Honours found that the information provided to the issuing officer did not establish reasonable grounds for suspecting that stolen goods were on the premises. The information was based on hearsay and lacked sufficient detail to justify the intrusion into Melling's home. Consequently, the search was unlawful, and the evidence obtained as a result was inadmissible.

The Court allowed the appeal, quashed the convictions, and ordered a new trial.