R v Jamieson

The applicant, Jamieson, appealed against his conviction and sentence in relation to charges of theft and handling stolen goods. The appeal was heard by the court, which was required to consider whether the police search of the applicant's property was conducted lawfully and whether the evidence obtained from the search should have been excluded. The court also needed to determine if the trial judge erred in not discharging the jury and whether the sentence imposed was manifestly excessive.

The court held that the police search of the applicant's property was conducted without proper authorisation, and therefore, the search was unlawful. However, the court found that the admission of evidence from the search was not unfair in the circumstances, as there was no intentional abuse of power or gross negligence on the part of the police. The court also held that the trial judge did not err in failing to discharge the jury, as there was no basis for doing so, and the accomplice warning given in respect of the evidence was appropriate. The Edwards direction was deemed suitable for the circumstances of the case.

The court dismissed the applicant's appeal against his conviction and sentence. The court found that the sentencing judge did not place too much weight on the applicant's prior criminal history, and that imposing a large portion of the sentences to be served cumulatively was not an error. The court held that the sentence imposed was not manifestly excessive, given the applicant's extensive criminal history and the nature of the offences committed.

The court made no orders in relation to the appeal.