|
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 |
Cases Cited: | Application of Huy Huu Lee [2009] ACTSC 98 |
Category: | Procedural and other rulings |
Parties: | The Crown |
Representation: | Counsel: |
File Number(s): | 2015/310492 |
JUDGMENT
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.
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.
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…
Continue reading R v Buddee
Sign in free to access the full text
- AGLC
- R v Buddee [2016] NSWDC 422
- Case
- [2016] NSWDC 422
- Decision Date
CaseChat Overview and Summary
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
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.