Commissioner of Police v Marwood

The case of Commissioner of Police v Marwood involved the Commissioner of Police, represented by the Commissioner, appealing against a decision made by Cooper J. The appeal was centred around the exclusion of evidence obtained improperly during an investigation. The primary legal issue the court had to resolve was whether the court had the inherent power to exclude evidence obtained improperly at trial following an application under the Crimes (Confiscation of Property) Act 1990 (NSW). Another issue was whether the Commissioner's concession regarding the court's inherent jurisdiction to exclude evidence could be considered valid.

The court found that the Commissioner's concession regarding the court's inherent jurisdiction was made on a question of law without any further evidence being called, and there was no suggestion of prejudice to the respondent. The court held that it would not be in the interests of justice to require the Commissioner to create a jurisdiction which does not otherwise exist in law. The court also noted that the Commissioner's concession provided important explanatory context for the Judge's approach, and the court had the benefit of the respondent's comprehensive submissions on jurisdiction.

The court concluded that the Commissioner's concession regarding the court's inherent jurisdiction was not binding, and the court had the inherent power to exclude improperly obtained evidence at trial following an application under the Crimes (Confiscation of Property) Act 1990 (NSW). The court also found that the evidence in question was improperly obtained and should be excluded. The court ordered that the evidence obtained improperly be excluded from the trial.

In summary, the court found that it had the inherent power to exclude improperly obtained evidence at trial following an application under the Crimes (Confiscation of Property) Act 1990 (NSW) and that the evidence in question was improperly obtained and should be excluded. The court's decision was based on the court's inherent jurisdiction and the importance of ensuring that the administration of justice is not compromised by the use of improperly obtained evidence.