Richard Donald Collins v The Queen

IN THE SUPREME COURT OF NEW ZEALAND
SC 80/2009
[2010] NZSC 3
RICHARD DONALD COLLINS
v
THE QUEEN
Court:Blanchard, McGrath and Wilson JJ
Counsel:M Ryan for Applicant

G Allan for Crown

Judgment:9 February 2010

JUDGMENT OF THE COURT

The application for leave to appeal is dismissed.
REASONS
[1]        The proposed appeal involves two challenges to police searches. In each case a methamphetamine drug laboratory was found.
[2]        On the first occasion (West Coast Road) the police did not have reasonable grounds to believe that a weapon or drugs might be on the premises but s 61 of the Arms Act 1983 provided for a lower standard, that of reasonable suspicion, concerning the presence of a firearm. It has been found that the police did reasonably suspect that there would be a firearm on the premises based on their previous experience of Mr Collins. That being so, it was not a circumstance where a warrant could have been obtained and a warrantless search using the Summary Proceedings Act power may arguably have been unlawful. The police had no ability to obtain a warrant and were empowered, in circumstances where they had reasonable suspicion, to resort to the Arms Act.
[3]        The second search (Ridge Road) did involve invocation of the power of warrantless search (under s 18(2) of the Misuse of Drugs Act 1975). That was done only after Mr Collins had admitted that there was a drug lab on the property. Once he made that admission it was, as the Court of Appeal[1] said, inevitable that the drugs would be discovered either by use of s 18 or after the obtaining of a warrant. Therefore exclusion of the evidence under s 30 of the Evidence Act 2006 would be disproportionate. And, as the admissions were not produced as a result of any awareness on the part of the applicant that the police had already discovered the lab (there being, in any event, no finding that had already occurred), exclusion of the evidence would still have been disproportionate even in such a circumstance.
[1]      R v Collins [2009] NZCA 388 (Baragwanath, Venning and Winkelmann JJ).
Solicitors:
Crown Law Office, Wellington

CaseChat Overview and Summary

The Supreme Court of New Zealand dismissed an appeal by Richard Donald Collins against his conviction and sentence. Collins challenged two police searches that resulted in the discovery of methamphetamine drug laboratories. The first search, on West Coast Road, was conducted without a warrant based on a reasonable suspicion under the Arms Act 1983 that a firearm would be present, a standard lower than reasonable grounds. The second search, on Ridge Road, invoked the power of warrantless search under the Misuse of Drugs Act 1975 after Collins admitted the presence of a drug lab on the property.

The court had to decide whether the police actions during the searches were lawful and whether the evidence obtained should be excluded under the Evidence Act 2006. Regarding the first search, the court found that the police reasonably suspected the presence of a firearm based on their prior experience with Collins, justifying the warrantless search under the Arms Act. For the second search, the court determined that since Collins had already admitted the presence of the drug lab, the exclusion of evidence would be disproportionate, especially as his admissions were not a result of police discovery.

The court concluded that the police actions were lawful and that excluding the evidence would not be appropriate. Therefore, the application for leave to appeal was dismissed. The final orders affirmed Collins' conviction and sentence, with no appeal allowed.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established