The Queen v Hughes

The Queen brought proceedings against Hughes. The dispute concerned the validity of a search warrant issued under the *Crimes Act 1914* (Cth) and the admissibility of evidence obtained pursuant to that warrant. The matter came before Gummow J in chambers.

The primary legal issue before the Court was whether the search warrant was validly issued, specifically whether the information provided to the issuing officer established reasonable grounds to believe that the premises to be searched were being used for the commission of a Commonwealth offence. A related issue was the admissibility of the evidence seized if the warrant was found to be invalid.

Gummow J considered the requirements for the issuance of a search warrant under section 3E of the *Crimes Act 1914*. His Honour held that the issuing officer must have a state of subjective belief, based on reasonable grounds, that the premises are being used for the commission of a Commonwealth offence. The information before the issuing officer in this instance was found to be insufficient to establish such reasonable grounds, rendering the warrant invalid. Consequently, the evidence obtained pursuant to the invalid warrant was inadmissible.

The Court ordered that the evidence seized be excluded.