R v Daka

The appeal concerned the conviction of David Daka for trafficking in a large commercial quantity of a controlled drug. The conviction followed a police search of a property at Mawson Lakes where the appellant resided with his brother, his brother's wife, and another individual, Aldo Tusha, as well as three children and a newborn baby. The search was part of a broader police operation targeting a syndicate allegedly involved in large-scale cannabis trafficking. The appellant, along with his brother and his brother's wife, were charged with trafficking, though the appeals of the brother and his wife were discontinued. The appellant abandoned one ground of appeal, and permission to appeal was granted on two other grounds.

The court was required to determine two primary legal issues. Firstly, whether the police had a reasonable basis to form a suspicion that enlivened their power to search the premises, and secondly, whether the search was unlawful and if the evidence obtained should be excluded in the exercise of the court's discretion. These issues arose from the appellant's challenge to the validity of the search warrant and the subsequent admission of evidence derived from the search.

The court dismissed the appeal on both grounds. Regarding the first ground, the court found that the police possessed sufficient intelligence, including details of intercepted telephone communications between the appellant, his brother, and a known figure in drug trafficking, Alfred Kola, to establish a reasonable suspicion for the search. This intelligence indicated involvement in cannabis cultivation and trafficking. The court concluded that the information provided to the police officers who decided to use the general search warrant was adequate to justify the search. The second ground of appeal, concerning the alleged unlawfulness of the search and the discretionary exclusion of evidence, was also dismissed, implying the court found no error in the trial judge's handling of this matter.