NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Abbas v Commissioner of NSW Police [2023] NSWSC 946 Hearing dates: 08 August 2023 Date of orders: 14 August 2023 Decision date: 14 August 2023 Jurisdiction: Common Law Before: Harrison J Decision: See [28] Catchwords: CRIMINAL LAW – application for return of property seized pursuant to warrant – where electronic devices seized from victim of suspected attempted murder – where victim practises as a solicitor relying upon the use of the devices to store and share data in the conduct of his practice – where police retrieved data by download – where devices possibly contain evidence of commission of a crime – whether return of property should be ordered Legislation Cited: Law Enforcement (Powers and Responsibilities) Act 2002 ss 95, 218, 219 Cases Cited: Fantakis v Commissioner of Police [2013] NSWSC 685 Joukhador v Commissioner of Police [2020] NSWSC 227 McQueen v Hawi and Anor [2008] NSWSC 136 Smethurst and Another v Commissioner of Australian Federal Police and Another (2020) 272 CLR 177; [2020] HCA 14 Category: Principal judgment Parties: Mahmoud Abbas (Plaintiff) Commissioner of NSW Police (First Defendant) Registrar Kerrie O'Rourke, as the authorised officer under s 94 of the Law Enforcement (Powers and Responsibilities) Act 2002 (Second Defendant) Representation: Counsel: E Ozen SC (Plaintiff)
Solicitors: Randall Legal (Plaintiff) Makinson d'Apice Lawyers (First Defendant) File Number(s): 2023/242553 Publication restriction: Nil
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