NSW Caselaw
Local Court New South Wales
Medium Neutral Citation: Police v Nicole Heuston [2019] NSWLC 7 Hearing dates: 12 September 2019 Date of orders: - Decision date: 26 September 2019 Jurisdiction: Criminal Before: Hiatt LCM Decision: The search warrant is invalid [43]. The evidence seized pursuant to the search warrant is excluded under section 138 of the Evidence Act 1985 [49]-[50]. Catchwords: EVIDENCE – Discretions – Exclusion of evidence – Improperly or illegally obtained evidence – validity of search warrant – mis-description of premises to be searched – matter which affects the substance of warrant in a material particular Legislation Cited: Evidence Act 1995 s 138 Law Enforcement (Powers and Responsibilities) Act 2002 s 76 Cases Cited: Carbone v National Crime Authority (1994) 52 FCR 516 Carroll v Mijovich (1991) 25 NSWLR 441 George v Rockett (1990) 170 CLR 104 Hartnett v New South Wales [1999] NSWSC 265 Ousley v The Queen (1997) 192 CLR 69 R v Adamic [2000] QSC 402; (2000) 117 A Crim R 332 R v Gassy (No 3) 2005 SASC 496 Way Out West Adult Shop P/L v Kraus [2008] NSWSC 87 Texts Cited: - Category: Procedural and other rulings Parties: NSW Police (prosecution) Nicole Heuston (defendant) Representation: Sergeant McAlister, NSW Police Prosecutor
Mr Konditch of Counsel for and with the defendant File Number(s): 2019/42828 Publication restriction: Nil
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