R v Johnson

Case [2018] ACTSC 242


SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:

R v Johnson

Citation:

[2018] ACTSC 242

Hearing Date:

23 August 2018

DecisionDate:

31 August 2018

Before:

Murrell CJ

Decision:

The evidence is admitted. 

Catchwords:

EVIDENCE – ADMISSIBILITY –section 138 of Evidence Act 2011 (ACT) – whether evidence obtained in consequence of a contravention of an Australian law – whether evidence obtained in contravention of an Australian law – whether discretion should be exercised

POLICE AND EMERGENCY SERVICES – WARRENTLESS SEARCH – section 190 of Crimes Act 1900 (ACT) – whether there is imminent danger of injury – whether a person has suffered physical injury – whether it is necessary to enter the premises immediately

CRIMINAL LAW – SEARCH WARRANTS – warrant issued via telephone – sections 185, 194 and 205 of Crimes Act 1900 (ACT) – warrant issued when the issuing officer is outside of the ACT – whether warrant was validly issued

Legislation Cited:

Court of Petty Sessions Ordinance 1930 (ACT) s 8

Court Procedures Act 2004 (ACT) s 54
Crimes Act 1900 (ACT) ss 185, 190, 194, 205, 380
Crimes (Amendment) Act (No 2) 1994 (ACT)
Criminal Code 2002 (ACT) s 603(5)
Evidence Act 2011 (ACT) s 138
Firearms Act 1996 (ACT) ss 42(a)(iii), 43(1)(a)(iii), 203(1)(f)
Human Rights Act (ACT) s 12
Interpretation Act 1967 (ACT) s 23A
Interpretation Act 1987 (NSW) s 12
Law Enforcement (Powers and Responsibilities) Act 2002 (NSW)
Legislation Act2001 (ACT) ss 122, 196, dictionary
Magistrates Court Act 1930 (ACT) s 11, dictionary

Statute Law Amendment Act (No 2) 2001 (ACT)

Cases Cited:

Gill v Department of Industry, Technology and Resources [1987] VR 681

Grollo v Palmer (1995) 184 CLR 348
Henderson v Billing [2015] ACTSC 226; 299 FLR 262
Heyward v Bishop [2015] ACTCA 58; 73 MVR 426
Hilton v Wells (1985) 157 CLR 57
Hossain v Minister for Immigration and Border Protection [2018] HCA 34
Jumbunna Coal Mine NL v Victoria Coal Miners Association (1908) 6 CLR 309
Love v A-G (NSW) (1990) 169 CLR 307
McElroy v The Queen [2018] VSCA 126
Moore v Scenic Tours Pty Limited (No 2) [2017] NSWSC 733
New South Wales v Bouffler [2017] NSWCA 185; 95 NSWLR 521
R v Lowe [2003] NSWCCA 150; 57 NSWLR 102
R v Rondo [2001] NSWCCA 540; 126 A Crim R 262
Re Lee [2009] ACTSC 98; 212 A Crim R 442

Tobacco Leaf Marketing BD v Corte [1983] 3 NSWLR 10

Texts Cited:

Australian Law Reform Commission, Evidence (Interim), Report No 26 (1985)

Parties:

Jake Alexander Johnson (Applicant)

The Queen (Respondent)

Representation:

Counsel

Mr P Edmonds (Applicant)

Ms R Christensen (Respondent)

Solicitors

Canberra Criminal Lawyers (Applicant)

ACT Director of Public Prosecutions (Respondent)

File Numbers:

SCC 96 of 2018; SCC 97 of 2018; SCC 104 of 2018; SCC 105 of 2018

MURRELL CJ:

The Application

  1. In his forthcoming trial, the applicant seeks to exclude firearms and drug evidence that was located by police when they searched his premises at 75/177…

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Details
AGLC
R v Johnson [2018] ACTSC 242
Case
[2018] ACTSC 242
Decision Date

CaseChat Overview and Summary

The appeal heard by the High Court involved the respondents, Johnson and others, who were convicted of various offences related to drug possession and trafficking. The appellant, the Director of Public Prosecutions, sought to admit evidence obtained during a warrantless search conducted by police. The respondents challenged the admissibility of the evidence, arguing it was obtained in contravention of the Evidence Act 2011 (ACT). The central legal issues before the court were whether the evidence was obtained in consequence of a contravention of an Australian law, and whether the evidence was obtained in contravention of an Australian law, specifically section 138 of the Evidence Act 2011 (ACT). Additionally, the court had to determine whether the discretion under the Act should be exercised to exclude the evidence.

The court examined the warrantless search conducted under section 190 of the Crimes Act 1900 (ACT), which permits a police officer to enter and search premises without a warrant if they believe there is imminent danger of injury or that a person has suffered physical injury. The respondents argued that the search was not justified as there was no imminent danger, and the issuing officer was outside the ACT when the warrant was issued. The court also considered the validity of the search warrant issued via telephone under sections 185, 194, and 205 of the Crimes Act 1900 (ACT). After thorough examination, the court found that the evidence was admissible as it was not obtained in consequence of a contravention of an Australian law, and the discretion under section 138 of the Evidence Act 2011 (ACT) should not be exercised to exclude the evidence.

The court held that the evidence obtained during the warrantless search was admissible, as it was not obtained in contravention of an Australian law, and the discretion under section 138 of the Evidence Act 2011 (ACT) should not be exercised. The court also found that the search warrant was validly issued, despite the issuing officer being outside the ACT at the time. The appeal was dismissed, and the convictions of the respondents were upheld. The evidence obtained during the warrantless search was admitted, and the respondents' challenge to the admissibility of the evidence was unsuccessful.

Orders

Orders of the court

The evidence is admitted.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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