R v Hillier

In *R v Hillier*, the High Court of Australia considered an appeal from the Supreme Court of Victoria concerning the admissibility of evidence obtained through a search warrant. The central dispute revolved around whether the evidence found at the appellant's premises, following a search conducted under a warrant issued pursuant to the *Drugs, Poisons and Controlled Substances Act 1981* (Vic), should have been excluded due to alleged irregularities in the warrant's execution.

The primary legal issue before the High Court was whether the trial judge had erred in admitting the evidence, despite the appellant's contention that the search warrant was invalid and its execution unlawful. This required the court to determine the proper test for assessing the validity of a search warrant and the consequences of any defects in its execution, particularly in relation to the admissibility of evidence obtained as a result.

The High Court, in its joint judgment, affirmed the principle that a search warrant, even if irregular, is not void *ab initio* and remains effective unless set aside. The court held that the focus should be on whether the warrant was validly issued and whether the search was conducted in accordance with its terms and the relevant legislative provisions. Applying this principle, the court found that any alleged irregularities in the execution of the warrant did not render the warrant itself invalid nor did they necessitate the exclusion of the evidence obtained. The court emphasised that the power to exclude evidence is a discretionary one, to be exercised with caution, and that the mere existence of a technical defect in execution would not automatically warrant exclusion, especially where the search was otherwise conducted reasonably and in good faith.