Saxby v The Queen

In *Saxby v The Queen*, the appellant, Saxby, appealed to the Court of Criminal Appeal of New South Wales against his conviction for a number of offences, including aggravated break and enter and assault occasioning actual bodily harm. The dispute concerned the admissibility of evidence obtained from Saxby's mobile phone, which had been seized by police.

The primary legal issue before the Court was whether the evidence derived from Saxby's mobile phone was obtained in contravention of the *Law Enforcement (Powers and Responsibilities) Act 2002* (NSW) (the LEPRA). Specifically, the Court had to determine if the police had lawful authority to seize the phone and, if so, whether the subsequent search and extraction of data from the phone were also lawful.

The Court reasoned that the police had lawful authority to seize the phone under s 36 of the LEPRA, which permits the seizure of anything found on a person arrested if it is reasonably suspected of being evidence relating to an indictable offence. The Court further held that the subsequent search and data extraction were also authorised under s 48 of the LEPRA, which allows for the examination and analysis of seized items. The Court applied the principles of statutory interpretation to the relevant provisions of the LEPRA, concluding that the police actions were consistent with the legislative intent.

The appeal was dismissed.