Legal Research
Cases
R v Bossley

R v Bossley

Case [2012] QSC 292 27 September 2012

Type to search within this case.

+SUPREME COURT OF QUEENSLAND

CITATION:

R v Bossley [2012] QSC 292

PARTIES:

THE QUEEN
v
VICTOR BURDEKIN BOSSLEY
(applicant)

FILE NO/S:

SUP 471/12

DIVISION:

Trial Division

PROCEEDING:

Application

ORIGINATING COURT:

Supreme Court of Queensland

DELIVERED ON:

27 September 2012

DELIVERED AT:

Brisbane

HEARING DATE:

24 July 2012

JUDGE:

Dalton J

ORDER:

Application dismissed

CATCHWORDS:

CRIMINAL LAW – EVIDENCE – JUDICIAL DISCRETION TO ADMIT OR EXCLUDE EVIDENCE – EVIDENCE UNFAIR TO ADMIT OR IMPROPERLY OBTAINED – application pursuant to s 590AA of the Criminal Code to exclude evidence of a search – where the defendant is charged with trafficking and possessing MDMA – whether the search of the defendant was conducted with lawful authority – whether the police officers had reasonable grounds for suspicion pursuant to s 29 of the PPRA – whether the defendant consented to the search – the effect of consent on the legality of a search – whether the consent given was true consent – when the defendant should have been warned

Police Powers and Responsibilities Act 2000 (Qld)

Bain v Police [2011] SASC 228
Bunning v Cross (1978) 141 CLR 54
Coco v R (1994) 179 CLR 427
Director of Public Prosecutions v Leonard [2001] NSWSC 797
George v Rockett (1990) 170 CLR 104
Ghani v Jones [1970] 1 QB 693
Halliday v Nevill & Anor (1984) 155 CLR 1
Kaldon Karout v Constable Mathew Stratton [2007] NSWSC 1034
Kuru v State of New South Wales (2008) 236 CLR 1
Malone v Metropolitan Police Commissioner [1979] Ch 344
Pearce v Button (1986) 60 ALR 537
Police v Moukachar [2010] SASC 199
R v Azar (1991) 56 A Crim R 414
R v Rondo [2001] NSWCCA 540
Werner v Police High Court of New Zealand, Gallen J, 16 April 1986, unreported
Wineberg v Stafford White J, Supreme Court of Western Australia, 22 July 1997, BC 9703190

COUNSEL:

Mr C Heaton for the applicant
Mr K Spinaze for the Crown

SOLICITORS:

Mulcahy Ryan Lawyers for the applicant
Director of Public Prosecutions (Qld) for the Crown

Mr Bossley faces two counts on indictment: trafficking and possessing a Schedule 1 drug, MDMA. This application is made under s 590AA of the Criminal Code to exclude certain evidence from his trial.

On 1 October 2011 Mr Bossley, a man in his early 20s, was planning to attend a music festival in the botanic gardens in Brisbane. He travelled to Brisbane with his girlfriend and another friend, and met his younger sister and some of her friends in Brisbane at about 11.00 am on the morning of the festival. Mr Bossley is tall and lean, with an alert and enthusiastic appearance. His girlfriend described him as someone who fidgets a lot, and one of his other friends said he has trouble standing still in one spot. He was no doubt excited to go to the festival and pleased to see his younger sister when they met in Mary Street before the festival.

Mr Bossley was observed by Detective Senior Constable Caulfield…

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 R v Bossley

Details

AGLC: R v Bossley [2012] QSC 292
Case: [2012] QSC 292
Decision Date: 27 September 2012

CaseChat Overview and Summary

The applicant, Bossley, sought an order to exclude evidence obtained from a search of his person and belongings. The evidence was sought to be excluded under section 590AA of the Criminal Code on the basis that it was unfair to admit or obtained improperly. The evidence in question was obtained during a search of the applicant by police officers who suspected him of trafficking and possessing MDMA. The applicant argued that the search was conducted without lawful authority and that the police officers did not have reasonable grounds for suspicion. The applicant further argued that he did not give true consent to the search and that he should have been warned before the search was conducted.

The court had to decide whether the police officers had lawful authority to conduct the search, whether they had reasonable grounds for suspicion, whether the applicant consented to the search, and if so, whether that consent was true consent. The court also had to consider the effect of consent on the legality of a search and when the applicant should have been warned.

The court found that the police officers had lawful authority to conduct the search as they had reasonable grounds for suspicion under section 29 of the PPRA. The court further found that the applicant had consented to the search, and that his consent was true consent. The court held that the legality of a search is not affected by the fact that the person searched consented to the search. The court also found that the applicant should have been warned before the search was conducted, but that this did not affect the legality of the search. The application to exclude evidence was dismissed.

Orders

Orders of the court

Application dismissed

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.

Citations

AGLC Citation

R v Bossley [2012] QSC 292

Most Recent Citation

R v Bradshaw [2025] QCA 172

Cases citing this decision · 12 of 12 shown

R v Bradshaw
[2025] QCA 172 Para 36

…of a reasonable person. The suspicion must be reasonable, as opposed to arbitrary, irrational or prejudiced.”[29] [29][2015] 2 Qd R 102 at [14]; [2012] QSC 292 (citations omitted).…
Anderson v Commissioner of Police
[2024] QDC 198 Para 22

…ading way put into QPRIME that the boat was abandoned (twice) when it was not and the appellant knew that. [88] R v Bossley [2012] QSC 292; [2015] 2 Qd R 102; (2012) 230 A Crim R 370 at [14]. [89] R v Rondo [2001] NSWCCA 540; (2001) 126 A Crim R 562 at [53]. [90]Transcript page 15.20. [91]Transcript page 14.35. […
R v James
[2024] QSCPR 5

…, s 21, s 160 Bunning v Cross (1978) 141 CLR 54, cited McHugh v The Queen [2022] SASCA 5, considered R v Bossley [2015] 2 Qd R 102; [2012] QSC 292, considered R v Ireland (1970) 126 CLR 321, cited COUNSEL: ML Longhurst with N Keys for the applicant C Nicola for the respondent SOLICITORS: RH Legal for the applican…
R v Griffin
[2024] QSCPR 4

…owers and Responsibilities Act 2000 (Qld), s 31, s 32, s 60 Bunning v Cross (1978) 141 CLR 54, cited R v Bossley [2015] 2 Qd R 102; [2012] QSC 292, considered R v Davis (2023) 104 MVR 162; [2023] QSC 112, approved R v Ireland (1970) 126 CLR 321, cited R v Hinds-Ravet (2022) 298 A Crim R 48; [2022] QSC 66, conside…
R v Humphreys
[2022] QSCPR 17 Para 9

…her “consent” must be taken to have been vitiated by the failings I have identified.[11] [11]See R v Ford [2017] QSC 205, [50]. Cf R v Bossley [2012] QSC 292, [17].…
Beazley v Chevathun
[2018] QDC 28

…R 54 Fox v Percy (2003) 214 CLR 118 George v Rockett (1990) 170 CLR 104 Goldie v Commonwealth of Australia (2002) 117 FCR 566 R v Bossley [2012] QSC 292 R v Jaudzems [2014] QSC 074 R v Purdon [2016] QSC 128 R v Rondo [2016] NSWCCA 540 R v Versac [2013] QSC 046 Teelow v Commissioner of Police [2009] QCA 84 COUNSEL…
The Queen v Kairouz
[2017] QSC 270

…sland Police Service [2015] QSC 30 O’Brien v O’Brien (1991) 15 MVR 6 R v Awang [2004] 2 Qd R 672 R v Bossley [2015] 2 Qd R 102; [2012] QSC 292 R v Fuentes (2012) 230 A Crim R 379; [2012] QSC 288 R v Inwood [1973] 2 All ER 645; [1973] 1 WLR 647…
R v Ford
[2017] QSC 205 Para 13

…plicant. This resulted in the applicant being questioned for significantly more serious offending than being in possession of 14 MDMA pills. [28] [2012] QSC 292 at [17]-[30].…
R v Cahill
[2016] QSC 275 Para 28

…which the person searched has provided consent, is not unlawful. This view finds strong support in Bunning [13], and in my view, it is correct. [12] [2012] QSC 292 at [17]. [13] See pp 63-64; 67 and 82.…
R v Harnas
[2015] QDC 260 Para 1

…There are a number of authorities dealing with what circumstances might amount to “reasonable suspicion” . In R v Bossley [2012] QSC 292 Dalton J at [14] summarised the relevant principles that were first set out in George v Rockett (1990) 170 CLR 104, at 115-116, as follows:…
R v N
[2015] QSC 91 Para 2

…uably more apposite circumstance, at least insofar as the iPhone is concerned, was that it was potentially tainted (s 30(a)(v)). [17] R v Bossley [2012] QSC 292 at 15.…
R v Varga
[2015] QDC 82 Para 1

…In R v Bossley [2012] QSC 292, Dalton J wrote, at [14]:…

View all 12 citing cases →

Cases cited in this decision · 12 of 12 shown

Bain v Police
[2011] SASC 228 Para 1

…693, 705. [9](1984) 155 CLR 1. [10][2008] HCA 26, [43], [45]. [11](1994) 179 CLR 427, 435-6. [12] Police v Moukachar [2010] SASC 199; Bain v Police [2011] SASC 228.…
Police v Moukachar
[2010] SASC 199 Para 1

…also Ghani v Jones [1970] 1 QB 693, 705. [9](1984) 155 CLR 1. [10][2008] HCA 26, [43], [45]. [11](1994) 179 CLR 427, 435-6. [12] Police v Moukachar [2010] SASC 199; Bain v Police [2011] SASC 228.…
Kuru v State of New South Wales
[2008] HCA 26

…ay v Nevill & Anor (1984) 155 CLR 1 Kaldon Karout v Constable Mathew Stratton [2007] NSWSC 1034 Kuru v State of New South Wales (2008) 236 CLR 1 Malone v Metropolitan Police Commissioner [1979] Ch 344 Pearce v Button (1986) 60 ALR 537 Police v Moukachar [2010] SASC 199 R v Azar (1991) 56 A Crim R 414 R v Rondo [200…
Kaldon Karout v Constable Mathew Stratton & Ors
[2007] NSWSC 1034 Para 1

…] [16]High Court of New Zealand, Gallen J, 16 April 1986, unreported. [17]White J, Supreme Court of Western Australia, 22 July 1997, BSC 9703190. [18][2007] NSWSC 1034.…
R v Rondo
[2001] NSWCCA 540 Para 1

…to a reasonable suspicion.[6] [2](1990) 170 CLR 104, 115-116. [3]Above p 113. [4]Above p 112. [5]Above p 112. [6]See the facts of R v Rondo [2001] NSWCCA 540.…
DPP v Leonard
[2001] NSWSC 797 Para 1

…en permission is sought by a police officer. James J very helpfully digests the relevant cases in Director of Public Prosecutions v Leonard. [13] [13][2001] NSWSC 797.…
Coco v the Queen
[1994] HCA 15 Para 1

…2 and Murphy J at p 84. [8][1979] CH 344, 369. See also Ghani v Jones [1970] 1 QB 693, 705. [9](1984) 155 CLR 1. [10][2008] HCA 26, [43], [45]. [11](1994) 179 CLR 427, 435-6. [12] Police v Moukachar [2010] SASC 199; Bain v Police [2011] SASC 228.…
George v Rockett
[1990] HCA 26

…SC 228 Bunning v Cross (1978) 141 CLR 54 Coco v R (1994) 179 CLR 427 Director of Public Prosecutions v Leonard [2001] NSWSC 797 George v Rockett (1990) 170 CLR 104 Ghani v Jones [1970] 1 QB 693 Halliday v Nevill & Anor (1984) 155 CLR 1 Kaldon Karout v Constable Mathew Stratton [2007] NSWSC 1034 Kuru v State of New South W…
Pearce v Button
[1986] FCA 6

…tton [2007] NSWSC 1034 Kuru v State of New South Wales (2008) 236 CLR 1 Malone v Metropolitan Police Commissioner [1979] Ch 344 Pearce v Button (1986) 60 ALR 537 Police v Moukachar [2010] SASC 199 R v Azar (1991) 56 A Crim R 414 R v Rondo [2001] NSWCCA 540 Werner v Police High Court of New Zealand, Gallen J, 16 April 198…
Halliday v Nevill
[1984] HCA 80

…27 Director of Public Prosecutions v Leonard [2001] NSWSC 797 George v Rockett (1990) 170 CLR 104 Ghani v Jones [1970] 1 QB 693 Halliday v Nevill & Anor (1984) 155 CLR 1 Kaldon Karout v Constable Mathew Stratton [2007] NSWSC 1034 Kuru v State of New South Wales (2008) 236 CLR 1 Malone v Metropolitan Police Commissioner [1979] Ch…
Bunning v Cross
[1978] HCA 22

…nt – when the defendant should have been warned Police Powers and Responsibilities Act 2000 (Qld) Bain v Police [2011] SASC 228 Bunning v Cross (1978) 141 CLR 54 Coco v R (1994) 179 CLR 427 Director of Public Prosecutions v Leonard [2001] NSWSC 797 George v Rockett (1990) 170 CLR 104 Ghani v Jones [1970] 1 QB 693 Hallida…
[1970] 1 QB 693
[1970] 1 QB 693 Para 1

…1 CLR 54, Barwick CJ at 63-64, Stephen J and Aickin J at p 67, Jacobs J at p 82 and Murphy J at p 84. [8][1979] CH 344, 369. See also Ghani v Jones [1970] 1 QB 693, 705. [9](1984) 155 CLR 1. [10][2008] HCA 26, [43], [45]. [11](1994) 179 CLR 427, 435-6. [12] Police v Moukachar [2010] SASC 199; Bain v Police [2011]…

Legislation cited in this decision · 1

Police Powers and Responsibilities Act 2000 (Qld)
1 mention

CITATION:	R v Bossley [2012] QSC 292
PARTIES:	THE QUEEN v VICTOR BURDEKIN BOSSLEY (applicant)
FILE NO/S:	SUP 471/12
DIVISION:	Trial Division
PROCEEDING:	Application
ORIGINATING COURT:	Supreme Court of Queensland
DELIVERED ON:	27 September 2012
DELIVERED AT:	Brisbane
HEARING DATE:	24 July 2012
JUDGE:	Dalton J
ORDER:	Application dismissed
CATCHWORDS:	CRIMINAL LAW – EVIDENCE – JUDICIAL DISCRETION TO ADMIT OR EXCLUDE EVIDENCE – EVIDENCE UNFAIR TO ADMIT OR IMPROPERLY OBTAINED – application pursuant to s 590AA of the Criminal Code to exclude evidence of a search – where the defendant is charged with trafficking and possessing MDMA – whether the search of the defendant was conducted with lawful authority – whether the police officers had reasonable grounds for suspicion pursuant to s 29 of the PPRA – whether the defendant consented to the search – the effect of consent on the legality of a search – whether the consent given was true consent – when the defendant should have been warned Police Powers and Responsibilities Act 2000 (Qld) Bain v Police [2011] SASC 228 Bunning v Cross (1978) 141 CLR 54 Coco v R (1994) 179 CLR 427 Director of Public Prosecutions v Leonard [2001] NSWSC 797 George v Rockett (1990) 170 CLR 104 Ghani v Jones [1970] 1 QB 693 Halliday v Nevill & Anor (1984) 155 CLR 1 Kaldon Karout v Constable Mathew Stratton [2007] NSWSC 1034 Kuru v State of New South Wales (2008) 236 CLR 1 Malone v Metropolitan Police Commissioner [1979] Ch 344 Pearce v Button (1986) 60 ALR 537 Police v Moukachar [2010] SASC 199 R v Azar (1991) 56 A Crim R 414 R v Rondo [2001] NSWCCA 540 Werner v Police High Court of New Zealand, Gallen J, 16 April 1986, unreported Wineberg v Stafford White J, Supreme Court of Western Australia, 22 July 1997, BC 9703190
COUNSEL:	Mr C Heaton for the applicant Mr K Spinaze for the Crown
SOLICITORS:	Mulcahy Ryan Lawyers for the applicant Director of Public Prosecutions (Qld) for the Crown