George v Rockett [1990] HCA 26

High Court of Australia Mason C.J. Brennan, Deane, Dawson, Toohey, Gaudron and McHugh JJ. George v Rockett [1990] HCA 26

ORDER Appeal allowed with costs. Set aside the order of the Full Court of the Supreme Court and in lieu thereof order that the order to review be made absolute. The appellant be at liberty to apply for an order for costs of the order to review and of the hearing in the Full Court within fourteen days. Unless otherwise ordered, no order as to the costs of those proceedings.

Cur. adv. vult.

The Court delivered the following written judgment:—

June 20 Mason C.J., Brennan, Deane, Dawson, Toohey, Gaudron and McHugh JJ.

On 22 August 1989 the first respondent, Detective Sergeant Rockett, attended at the office of the second respondent, a stipendiary magistrate, and applied for the issue of a search warrant under the provisions of s. 679(b) of The Criminal Code Q.. Section 679 reads as follows:

If it appears to a justice, on complaint made on oath, that there are reasonable grounds for suspecting that there is in any house, vessel, vehicle, aircraft, or place —

(a) Anything with respect to which any offence which is such that the offender may be arrested with or without warrant has been, or is suspected, on reasonable grounds, to have been, committed; or

(b) Anything whether animate or inanimate and whether living or dead as to which there are reasonable grounds for believing that it will of itself or by or on scientific examination, afford evidence as to the commission of any offence; or

(c) Anything as to which there are reasonable grounds for believing that it is intended to be used for the purpose of committing any such offence;

he may issue his warrant directing a police officer or police officers named therein or all police officers to enter, by force if necessary, and to search such house, vessel, vehicle, aircraft, or place, and to seize any such thing if found, and to take it before a justice to be dealt with according to law.