SUPREME COURT OF QUEENSLAND
CITATION: R v Duncan [2024] QSCPR 24 PARTIES: THE KING
(respondent)
v
MAUREEN ELIZABETH LINDSAY DUNCAN
(applicant)FILE NO/S: 677/24 DIVISION: Trial PROCEEDING: Application ORIGINATING Supreme Court of Queensland COURT: DELIVERED ON: 6 September 2024 DELIVERED AT: Cairns HEARING DATE: 25 July 2024 JUDGE: Henry J ORDER: Application dismissed CATCHWORDS: CRIMINAL LAW – PROCEDURE – WARRANTS, ARREST, SEARCH, SEIZURE AND INCIDENTAL POWERS – SEARCH AND SEIZURE – where the applicant filed an application pursuant to s 590AA Criminal Code to exclude evidence found in a search – where police received credible information that a male suspect was driving dangerous drugs from Brisbane to Cairns in an utility vehicle – where police commenced operating a roadside random breath test and licence interception site to catch suspect vehicle – where applicant was pulled over for a licence check and breath test, pursuant to s 60 Police Powers and Responsibilities Act – where police noticed the male suspect was the passenger in the applicant’s vehicle and then exercised their powers to detain both the occupants and the vehicle and search the vehicle, pursuant to s 31 PPRA – where police located 60 grams of dangerous drugs – where the applicant contends the vehicle was stopped for an improper purpose – whether the stopping of the vehicle was unlawful – whether the evidence ought to be excluded
Drugs Misuse Act 1986 (Qld)
Human Rights Act 2019 (Qld) ss 19, 25, 29
Police Powers and Responsibilities Act 2000 (Qld) ss 31, 32,
60
Road Traffic Act 1961 (SA) s 42Traffic Act 1949 (Qld) ss 16A, 39
Deputy Commissioner of Taxation v De Vonk (1995) 61 FCR
564, cited
Garrow v Platsis [1989] 1 Qd R 154, followed
Lovegrove v Spangler (1988) 8 MVR 104, cited
O’Reilly v State Bank of Victoria Commissioners (1982) 153
CLR 1, cited
R v Davis [2023] QSC 112, not applied
R v Fuentes [2012] QSC 288, citedR v Keen [2016] 2 Qd R 1, cited
R v Wassmuth; Ex parte Director of Public Prosecutions
(2011) 11 QR 82, cited
Swan Hill Corporation v Bradbury (1937) 56 CLR 746, cited
Police (SA) v Prinse (1998) 27 MVR 50, discussed
COUNSEL: A Edwards KC, with M Harrison, for applicant
N Crane, with T Watkins, for respondentSOLICITORS: Owens & Associates for applicant
Director of Public Prosecutions (Queensland) for the
respondent
Maureen Duncan is charged with the aggravated possession of 60 grams of cocaine found in a police search of a vehicle she was driving on 12 July 2023. She applies for the exclusion of evidence derived from the search.[1]
[1] The indictment before the court also charges Ms Duncan with the simpliciter possession of diazepam which was presumably also found in the search. Its finding attracted no attention in the evidence or submissions advanced in the present application.
Ms Duncan argues the search was illegal because it resulted from the unlawful stopping of her vehicle by police. It is alleged, the stopping…
Continue reading R v Duncan
Sign in free to access the full text
- AGLC
- R v Duncan [2024] QSCPR 24
- Case
- [2024] QSCPR 24
- Decision Date
CaseChat Overview and Summary
The legal issues before the court included whether the initial vehicle stop was lawful under section 60 of the Police Powers and Responsibilities Act and whether the subsequent detention and search of a passenger were justified under section 31 of the same Act. The court also considered whether the officers' actions were in accordance with the defendant's rights under the Human Rights Act 2019 (Qld), specifically the rights to free movement, privacy, liberty, and security. However, neither party argued that these human rights were relevant to the interpretation of the Police Powers and Responsibilities Act or that the statutory provisions exceeded reasonable and justifiable limits in relation to those rights.
In reaching its decision, the court concluded that the vehicle stop was lawfully performed under section 60 of the Police Powers and Responsibilities Act. The court found that the recognition of a passenger, who appeared to be an individual named Kubler, provided the necessary reasonable suspicion required by section 31 of the Act. Consequently, the evidence obtained during the detention and search was deemed lawfully obtained. The court did not find it necessary to consider whether, in the hypothetical event of a contrary finding, the evidence would be admissible, as such an exercise would require knowing the reasons for that finding to properly weigh the discretionary considerations.
As a result of these findings, the application to exclude the evidence was dismissed. The court's orders confirmed the dismissal of the application, thereby upholding the admissibility of the evidence obtained during the vehicle stop and search.
Orders
Orders of the court
Application dismissed
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
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.