R v Amoedo & Dominguez [2006] NSWDC 188

New South Wales District Court

CITATION: R v Amoedo & Dominguez [2006] NSWDC 188

HEARING DATE(S): 22/08/06

JUDGMENT DATE: 25 August 2006

JURISDICTION: Criminal

JUDGMENT OF: Norrish QC DCJ

DECISION: See para 34.

CATCHWORDS: Evidence - illigally obtain evidence - illegal search - desirability of admitting evidence - Customs Act - international law - private and public law.

Evidence Act 1995 LEGISLATION CITED: Customs Act 1901 Customs (Interception of Vessels) Regulation 2001 Fisheries Management Act 1991

Bunning v Cross (1978) 141 CLR 54 R v C (1997) 93 A Crim R 81 CASES CITED: R v Helmhout (2001) 125 A Crim R 257 Olbers Co. Ltd v The Commonwealth (2004) 148 A Crim R 547 Re Director of Public Prosecutions; ex parte Lawler (1994) 179 CLR 270 George v Rockett (1990) 170 CLR 104

Regina PARTIES: Alfonso Dacruz Amoedo Enrique Dominguez

FILE NUMBER(S): 06/11/0241

P Hastings QC - Crown COUNSEL: L Crowley - Crown M T Trowell QC - Offenders H K Dhanji - Offenders

SOLICITORS: Ms A Samad - Commonwealth DPP T Anderson - Phillips Fox - Offenders

JUDGMENT

Application pursuant to s.138 Evidence Act 1995

Introduction

1 On 21 August 2006 this Court declined to order a permanent stay of proceedings in respect of the current prosecution of the two above named accused. That application was formally refused on Friday 18 August 2006. The accused were then arraigned and evidence adduced in respect of the application for a permanent stay of proceedings was received in respect of a further application to exclude evidence sought to be relied upon by the Prosecution to prove the guilt of the accused arising out of search and seizure of and upon 'Taruman' on 6 September 2005, pursuant to s.138 Evidence Act 1995. This judgment should be read in conjunction with findings of fact and other findings and observations made in the judgment relating to the application for a permanent stay of proceedings delivered on 21 August 2006.