R v Day

The applicants, Terrance Michael Day and Craig Campbell Davis, are facing charges arising from the discovery of drugs and paraphernalia in a unit they were occupying. The charges stem from a series of events beginning on 22 February 2007, when the applicants arrived at a unit complex in Currumbin. On 23 February, a manager cleaning an adjacent unit found cannabis and other items, which were subsequently handed over to police. Later that day, police visited the unit but found no one present. On 24 February, police returned and, believing the occupants were fleeing, Constable Alley entered the unit using a key provided by the manager, initiating a search that led to the discovery of additional drugs and items. The Crown's case hinges on whether this search was lawful under the relevant legislation.

The primary legal issue before the court was whether the search conducted by Constable Alley was lawful under the provisions of the Drugs Misuse and Trafficking Act 1985 (Qld). The Crown argued that the search was justified under sections 160 and 161 of the Act, which permit searches without a warrant to prevent the loss of evidence. They contended that the circumstances, including the observation of a billowing curtain and wet footprints, justified the immediate entry to prevent the loss of evidence. The applicants, however, argued that the search was unlawful as the police had sufficient time to obtain a warrant and there was no immediate risk of evidence being destroyed or concealed.

The court found that the Crown's argument did not hold up under scrutiny. The court noted that the police had ample opportunity to obtain a warrant and that the presence of armed officers could have easily prevented the occupants from re-entering the unit. The court concluded that the search was not in accordance with the relevant legislative provisions. Therefore, the evidence obtained from the search of Unit 2 on 24 February 2007 was deemed inadmissible.

The court ordered that the evidence obtained from the search of Unit 2 on 24 February 2007 is to be excluded from any proceedings against the applicants. This decision effectively undermines the Crown's case, as the excluded evidence was critical to the charges brought against the applicants.