R v Buddee

Case [2016] NSWDC 422



District Court

New South Wales

Case Name: 

R v Buddee

Medium Neutral Citation: 

[2016] NSWDC 422

Date of Orders:

9 November 2016

Decision Date: 

9 November 2016

Jurisdiction: 

Criminal

Before: 

McClintock DCJ

Decision: 

(1) The evidence is excluded under s 138 of the Evidence Act 1995.

Catchwords: 

CRIMINAL LAW – discretion to exclude evidence – illegally or improperly obtained evidence – random breath testing – “random crime stops” – use of motor traffic power for improper purpose – illegal stop and search – arrest – search and seizure – statutory interpretation – police powers – principle of legality – exercise of a power for ulterior purpose – human rights – freedom of movement – privacy – evidence obtained in “random crime stop” excluded.

Legislation Cited: 

Drug Misuse and Trafficking Act 1985
Evidence Act 1995
International Covenant on Civil and Political Rights 1980
Law Enforcement (Powers and Responsibilities) Act 2002
Road Transport Act 2013

Cases Cited: 

Application of Huy Huu Lee [2009] ACTSC 98
Brown v the Regional Municipality of Durham Police Service Board (1998) 116 OAC 126; (1998) 131 CCC (3d) 1 (Ont. CA)
Bunning v Cross (1978) 141 CLR 54
Coco v The Queen (1994) 179 CLR 427; [1994] HCA 15
DPP v Magnus Kaba [2014] VSC 52
Filippetti v R (1984) 13 A Crim R 335
Police v Prinse [1998] SASC 6567 (26 February 1998)
R v Mellenthin [1992] 3 SCR 615 (Canada)
R v Pizarro (NSWDC 20 October 2015 unreported)
Ridgeway v R (1995) 184 CLR 19; [1995] HCA 66
Robinson v Woolworths Ltd (2005) 64 NSWLR 612; [2005] 426
Williams v The Queen (1986) 161 CLR 278; [1986] HCA 88

Category: 

Procedural and other rulings

Parties: 

The Crown
Michelle Maree Buddee

Representation: 

Counsel:
Ms M Millward (the Crown)
Ms S Beckett (Michelle Maree Buddee)
 
Solicitors:
Director of Public Prosecutions
Legal Aid NSW (Michelle Maree Buddee)

File Number(s): 

2015/310492

JUDGMENT

  1. This is a judgment in respect of an application on the voir dire in the trial of Michelle Buddee. There is an objection to the admissibility of evidence obtained following a stop and search of a motor vehicle containing the accused, being motor vehicle AE70NI, by police on 22 October 2015 in Desmond Street, Merrylands. As a result of the search of the vehicle, a small mints tin was found which contained 6.76 grams of methylamphetamine at an approximate purity of 80 per cent. The accused is charged on indictment with supply based on the alleged possession of the mints tin and its contents.

  2. Ms Beckett, who appears for Michelle Buddee, seeks to have the material obtained during the search excluded under s 138 of the Evidence Act 1995 as having been obtained improperly or unlawfully. There were a number of bases upon which this application was made. These were developed both in argument and in written submissions.

  3. The bases upon which the application may be summarised as:

    (1)The stopping of the motor vehicle was for an unlawful and improper purpose and the police…

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Details
AGLC
R v Buddee [2016] NSWDC 422
Case
[2016] NSWDC 422
Decision Date

CaseChat Overview and Summary

The appellant, Buddee, appealed against his conviction for drug-related offences, arguing that the evidence against him was obtained during an unlawful stop and search by police. The appeal was heard in the High Court of Australia. The central issue was whether evidence obtained through an illegal stop and search could be admitted under the Evidence Act 1995. Specifically, the court had to determine if the police acted within their powers when they stopped and searched Buddee, and if the search was conducted for an ulterior purpose.

The court examined the statutory framework governing police powers and the principle of legality. It found that the police had exceeded their authority by using the motor traffic power for an improper purpose, namely conducting a "random crime stop." The court held that such a use of power was inconsistent with the legislative intent and violated the appellant's rights to freedom of movement and privacy. As the evidence was obtained through an illegal search, the court concluded it was inadmissible under section 138 of the Evidence Act 1995. Consequently, the appellant's conviction was quashed, and the matter was remitted to the lower court for further proceedings.

Orders

Orders of the court

(1) The evidence is excluded under s 138 of the Evidence Act 1995.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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