R v Keen

In the case of R v Keen, the applicant sought to exclude certain evidence obtained during a police search of his vehicle on the grounds that it was obtained unlawfully. The applicant and a co-accused were standing outside the vehicle when it was intercepted and searched by police officers who had attended a briefing about a covert surveillance operation targeting the applicant. The matter was heard in the relevant court where the primary issue was whether the police officers were acting lawfully in searching the vehicle and whether the applicant and his co-accused were "occupants" of the vehicle within the meaning of the relevant statute.

The court had to determine whether the requisite standard of proof to exclude evidence under section 590AA of the Criminal Code was on the balance of probabilities or beyond reasonable doubt. Additionally, the court had to consider whether the police officers were acting under dictation in searching the vehicle and whether they had a reasonable suspicion of a prescribed circumstance under the relevant statute. The court needed to decide whether the evidence obtained should be excluded based on the legality of the search.

The court found that the requisite standard of proof to exclude evidence under section 590AA of the Criminal Code was beyond reasonable doubt. The court further found that the police officers were acting lawfully in searching the vehicle, and the applicant and his co-accused were not "occupants" of the vehicle within the meaning of the relevant statute. The court concluded that the police officers were not acting under dictation, and they had a reasonable suspicion of a prescribed circumstance under the relevant statute. The application to exclude the evidence was dismissed.

The court ordered that the application to exclude the evidence is dismissed.