Torney, Ex parte Colina

The applicant, Torney, sought leave to appeal against a decision of the Full Court of the Supreme Court of Victoria. The dispute concerned the validity of a search warrant issued under the *Drugs, Poisons and Controlled Substances Act 1981* (Vic). The Full Court had previously held that the warrant was invalid.

The primary legal issue before Hayne J was whether the Full Court had erred in finding the search warrant invalid. Specifically, the court had to consider whether the information provided to the issuing justice was sufficient to establish reasonable grounds for believing that the premises to be searched were being used for the purpose of trafficking in a prohibited substance.

Hayne J applied the principles established in cases concerning the sufficiency of information to support the issue of search warrants. His Honour considered the affidavit sworn by the police officer seeking the warrant and the information it contained regarding suspected drug trafficking. The court's reasoning focused on whether the information, when viewed objectively, provided a sufficient basis for the justice to form the requisite belief.

Hayne J granted leave to appeal and allowed the appeal, setting aside the order of the Full Court of the Supreme Court of Victoria. His Honour found that the Full Court had erred in its assessment of the information before the issuing justice and that the search warrant was valid.