R v Tweeddale CA38/06

In the Court of Appeal of New Zealand, the case of CA38/06, The Queen v Wayne Paul Tweeddale was heard, with the appeal being allowed and the leave to appeal being granted. Mr Tweeddale was facing charges of assault with intent to avoid detection, unlawful possession of a cannabis plant, and unauthorised possession of a pen gun and a can of capsicum spray. The Crown sought to appeal a pre-trial ruling given by Judge Lance QC, who declared the evidence gathered from the search of Mr Tweeddale's bag inadmissible. The primary issue was the time at which the court should assess whether a police officer had "reasonable ground for believing" that a person was in possession of a specified controlled drug for the purpose of s 18(3) of the Misuse of Drugs Act 1975. The Court of Appeal determined that the search was saved by the application of Shaheed principles and that the evidence gathered was admissible at trial.

The court considered the factors surrounding the case, including the police officers acting in good faith, the tip provided to the police officers by an anonymous informer, and Mr Tweeddale seeking to escape detection by fleeing from the scene. The Court of Appeal found that the public interest was served by discouraging attempts by suspects to evade lawful search by physical means or by committing another offence. The real evidence gathered from the search was considered crucial to the charges laid against Mr Tweeddale.

The appeal was allowed, and the decision of the District Court Judge to rule the evidence inadmissible was set aside. The evidence gathered from the search of Mr Tweeddale's bag was ordered to be admissible at trial.