R v Christensen

Case [2005] QSC 279


SUPREME COURT OF QUEENSLAND

CITATION:

R v Christensen [2005] QSC 279

PARTIES:

R
v
 CHRISTENSEN, Mark Stewart

(applicant)

INDICTMENT NO:

667 of 2005

DIVISION:

Trial

PROCEEDING:

Application

DELIVERED ON:

7 October 2005

DELIVERED AT:

Brisbane

HEARING DATE:

29 September 2005

JUDGE:

Holmes J

ORDER:

The evidence obtained against the applicant in the search of the Rise club on 24 July 2004 is excluded. 

CATCHWORDS:

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – WARRANTS, ARREST, SEARCH, SEIZURE AND INCIDENTAL POWERS – WARRANTS – SEARCH WARRANTS – ISSUE AND VALIDITY – REASONABLE GROUNDS – CERTAINTY AND WIDTH – GENERALLY – where a warrant to enter and search premises was issued pursuant to s 68(1) of the Police Powers and Responsibilities Act 2000 (Qld) which is for the purpose of obtaining evidence in relation to an offence – where an offence was stated on the warrant for which no name or details were stated and evidence showed that no specific offence was contemplated by police seeking the warrant – where police intelligence had shown, generally, that offences may occur on the premises subject to the warrant – where the warrant did not comply with the Police Powers and Responsibilities Act 2000 (Qld) in various other respects – whether the warrant was invalid – whether the evidence obtained pursuant to its purported execution was admissible

Criminal Code (Qld), s 590AA

Police Powers and Responsibilities Act 2000 (Qld), s 4(e), s 68(1), s 68(4), s 68(5), s 69, s 72, s 73(1), s 73(1)(b)(i), s 73(1)(c), s 73(3), s 74

COUNSEL:

Mr C F C Wilson for the defendant

Mr J Copley for the Director of Public Prosecutions

SOLICITORS:

Bell Miller for the defendant

The Director of Public Prosecutions

  1. The applicant is charged on indictment with two counts of unlawful possession of dangerous drugs: 3,4-methlylenedioxymethamphetamine (ecstasy) and methylamphetamine. He seeks a ruling pursuant to s 590AA of the Criminal Code that certain evidence located in the course of a search of premises is inadmissible, on the basis that the warrant pursuant to which it was seized was not valid. 

  1. The search warrant in question was executed at about 7.00 am on 24 July 2004 at Rise, a club at Fortitude Valley. It is what is described as a “recovery” club:  unlicensed premises to which club-goers repair in the early hours of the morning.  Seventy-six persons were found there; 18 of them were arrested on a total of 28 charges.  In the course of the search, it is alleged, a bag belonging to the defendant was searched. In it were found clip-seal bags containing 114 tablets and a small quantity of a white crystal substance, as well as separate sums of money amounting respectively to $1,160 and $18,050. 

  1. The application for a warrant to enter and search the premises was made pursuant to s 68(1) of the Police Powers and Responsibilities Act 2000 (‘the Act’), which provides:

“A police officer may apply for a warrant to enter and search a place (search warrant) to…

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AGLC
R v Christensen [2005] QSC 279
Case
[2005] QSC 279
Decision Date

CaseChat Overview and Summary

The case of R v Christensen involved a challenge to the validity of a search warrant executed at the Rise club in Queensland. The applicant sought to exclude evidence obtained during the search on the basis that the warrant was invalid. The validity of the warrant was questioned due to its lack of specificity and the failure to comply with certain statutory requirements under the Police Powers and Responsibilities Act 2000 (Qld). The central issue before the court was whether the warrant, which was issued for the purpose of obtaining evidence in relation to an offence without naming or detailing the specific offence, was valid. Additionally, the court had to consider whether the warrant's general description of potential offences, coupled with its other deficiencies, rendered it invalid under the Act.

The court examined the statutory criteria for issuing a search warrant, focusing on the need for reasonable grounds to believe that an offence has been committed and the requirement for the warrant to specify the offence. It was determined that the warrant did not meet these criteria because it lacked specificity regarding the offence and did not provide adequate details to support the reasonable grounds for the search. Furthermore, the court found that the warrant did not comply with other statutory requirements, which compounded its invalidity. The court concluded that the warrant was not valid, as it failed to adhere to the fundamental statutory provisions intended to safeguard individual rights and ensure proper police conduct.

Consequently, the evidence obtained during the execution of the invalid warrant was deemed inadmissible. The court excluded the evidence obtained against the applicant from the search of the Rise club on 24 July 2004, affirming the importance of strict compliance with statutory requirements for search warrants to protect individual rights and uphold the integrity of the judicial process. The court's decision underscored the necessity for law enforcement to adhere to the precise legal standards when seeking and executing search warrants to ensure that evidence obtained through unlawful means is not used against individuals in criminal proceedings.

Orders

Orders of the court

The evidence obtained against the applicant in the search of the Rise club on 24 July 2004 is excluded.

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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