DISTRICT COURT OF SOUTH AUSTRALIA
(Criminal)
R v LE
Criminal Trial by Judge Alone
[2013] SADC 82
Ruling of His Honour Judge Soulio
21 June 2013
CRIMINAL LAW - PROCEDURE - WARRANTS, ARREST, SEARCH, SEIZURE AND INCIDENTAL POWERS - ARREST AND DETENTION - EFFECTING ARREST - REASONABLE CAUSE
Accused charged with two counts of trafficking in a controlled drug, contrary to s 32(3) of the Controlled Substances Act 1984 (SA).
Accused brought an application pursuant to Rule 15 DCCR, seeking an order that the evidence obtained as a consequence of a search be excluded on the basis that the search was unlawful and the proceeds of the search tainted.
Controlled Substances Act 1984 (SA) ss 32, 52; Summary Offences Act 1953 (SA) s 68; Road Traffic Act 1961 (SA) ss 5, 40V, 42 (repealed); DCCR r 15, referred to.
R v Rondo (2001) 126 A Crim R 562; R v Frantzis and Batas (1996) 66 SASR 558; Coleman v Zanker (1991) 58 SASR 7; Police v Dafov (2008) 102 SASR 8; R v Chapman [2001] SASC 113; Bunning v Cross (1977-78) 141 CLR 54; R v McKinnon [2007] SADC 132; R v Davidson (1991) 54 SASR 580; Pressler v Holzberger (1989) 44 A Crim R 261; R v Cavallaro [2011] SADC 15, considered.
R v LE
[2013] SADC 82Summary
The accused is charged with two counts of trafficking in a controlled drug, contrary to s 32(3) of the Controlled Substances Act 1984 (SA). Both offences are alleged to have been committed on 3 August 2011, Count 1 at Ottoway and Count 2 at Mansfield Park.
Prior to his arrest the accused was sitting in the driver’s seat of his vehicle, parked at Beatrice Street Ottoway. Police approached him and subsequently searched the vehicle and the accused. Police found a bag hidden in the accused’s underpants. Subsequent forensic examination revealed that the bag contained heroin. (Count 1)
Police also searched, one Lu, the passenger in Le’s vehicle. Although Lu was initially charged with possession of heroin, those charges did not proceed.
Police also searched the Beatrice Street house outside which the accused had been parked, and there found powder containing heroin. It is not suggested the accused was the occupant of those premises.
Subsequently police searched the accused’s residence at Mansfield Park, and found heroin, other drugs and alleged indicia of sale. (Count 2)
Rule 15 Application
The accused brought an application pursuant to Rule 15 DCCR seeking an order that the evidence obtained as a consequence of the search of the accused and his vehicle be excluded, on the basis that the search was unlawful and the proceeds of the search tainted. The accused contended that the subsequent search of his residence was consequently unlawful, and the proceeds of that search similarly tainted.
The facts relevant to consideration of the application were conveniently summarised by counsel for the accused, Mr Anders, in written submissions. The factual circumstances are not controversial and…
Continue reading R v LE
Sign in free to access the full text
- AGLC
- R v Le [2013] SADC 82
- Case
- [2013] SADC 82
- Decision Date
CaseChat Overview and Summary
The court examined the evidence and circumstances leading to the arrest. It concluded that the police officers had reasonable cause to believe that LE was involved in criminal activity, as they had reliable information that supported this belief. The court also found that the arrest was conducted lawfully, as the officers followed the correct procedures. The court emphasised that the requirement for reasonable cause is not a strict or technical one but rather a practical judgment based on the information available to the police at the time. The court held that the arrest was lawful and dismissed the appeal.
The court's decision confirmed that police officers can make an arrest without a warrant if they have reasonable cause to believe that a person is involved in criminal activity. The court also reinforced the importance of ensuring that the arrest is executed lawfully. The High Court's ruling provides clarity for law enforcement agencies and individuals regarding the circumstances under which an arrest can be made without a warrant. The appeal was dismissed, and the conviction was upheld.
Orders
Orders of the court
Full text does not contain this section.
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
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.