Federal Court of Australia
Federal Court of Australia
Hartley v Commissioner of the Australian Federal Police [2023] FCAFC 197 Appeal from: Hartley v Commissioner of the Australian Federal Police [2023] FCA 368
File number: NSD 473 of 2023
Judgment of: MURPHY, BROMWICH and HORAN JJ
Date of judgment: 1 December 2023
Date of publication of reasons: 12 December 2023
Catchwords: CRIMINAL LAW – appeal from decision of primary judge to dismiss a challenge to the validity of a search warrant – whether primary judge erred in finding warrant sufficiently described nature of offence to indicate area of search – where warrant not established to be invalid – where no error established in decision of primary judge – appeal dismissed
Legislation: Criminal Code (Cth) ss 11.2, 83.3
Cases cited: Australian Broadcasting Corporation v Cloran (1984) 4 FCR 151 Beneficial Finance v Commissioner of Australian Federal Police (1991) 31 FCR 523 Brewer v Castles (1984) 1 FCR 55 Caratti v Commissioner of the Australian Federal Police [2017] FCAFC 177; 257 FCR 166 Parker v Churchill (1985) 9 FCR 316 Smethurst v Commissioner of the Australian Federal Police [2020] HCA 14; 272 CLR 177
Division: General Division
Registry: New South Wales
National Practice Area: Federal Crime and Related Proceedings
Number of paragraphs: 18
Date of hearing: 1 December 2023
Counsel for the Applicant: Mr C Lenehan SC and Mr D Hume
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate