Regina v John Blaikie [2006] NSWDC 200

New South Wales District Court

CITATION: Regina v John Blaikie [2006] NSWDC 200

HEARING DATE(S): 09/10/06 - 16/10/06

JUDGMENT DATE: 19 October 2006

EX TEMPORE JUDGMENT DATE : 06/13/2009

JURISDICTION: Criminal

JUDGMENT OF: Norrish QC DCJ

DECISION: Application to exclude evidence refused.

CATCHWORDS: Criminal Law - - Evidence: admissibility of evidence from claimed illegal search, identification or recognition evidence - s.357E Crimes Act 1900 (repealed).

Crimes Act 1900 LEGISLATION CITED: Evidence Act 1995 Law Enforcement (Powers and Responsibilities) Act 2002

CASES CITED: R v Rondo [2001]NSWCCA 540 Streat v Blanco (unrep, 16/08/98 NSWSC)

PARTIES: Regina John Blaikie

FILE NUMBER(S): 06/21/0008

COUNSEL: Ms Cinque - Crown Mr Pickin - Accused

SOLICITORS: DPP

JUDGMENT

Introduction

1 On 9 October 2006, the date the trial of the accused was listed to commence, application was made by the accused to exclude evidence of: i. the search conducted of the accused and his motor vehicle at about midday on 14 September 2005 at Parramatta, including evidence of finding alleged stolen items found in the vehicle or on the accused and, ii. identification or recognition of the accused during the course of a surveillance operation conducted on the morning of 14 September 2005 prior to the accused's arrest.

2 In relation to the application to exclude evidence of the results of the search, it was claimed that the police acted illegally, in that they purported to exercise powers to search the accused and his motor vehicle pursuant to s.357E Crimes Act (now repealed), when no such power was available and thus, pursuant to s.138 Evidence Act 1995, the evidence ought be excluded.