NSW Caselaw
Reported Decision : 126 A Crim R 562
New South Wales Court of Criminal Appeal
CITATION : R v Rondo [2001] NSWCCA 540 FILE NUMBER(S) : CCA 60500/99 HEARING DATE(S) : 26 June 2001 JUDGMENT DATE : 24 December 2001
PARTIES : Regina v John Rondo JUDGMENT OF : Spigelman CJ at 1; Simpson J at 26; Smart AJ at 28
LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 00/11/0132 LOWER COURT JUDICIAL Gibson DCJ OFFICER :
COUNSEL : (A) In Person (R) R D Ellis SOLICITORS : (A) In Person (R) S E O'Connor CATCHWORDS : Unlawful stopping of vehicle and appellant - subsequent search - admissibility of admissions made to police and not tape recorded - application for detention warrant not complying with Act - invalidity of detention warrant Object and history of Part 10A of Crimes Act (detention warrants) - balancing of conflicting interests of police investigations and rights of citizens - importance of contents of application, prescribed form of application requires amendment to elicit information required by Act - grounds specified for issue of search warrant insufficient - invalid search warrant -- admissibility of evidence obtained - cumulative effect of unlawful acts resulting in evidence being inadmissible - exercise of discretion under s.138 of Evidence Act flawed. Crimes Act 1900 Evidence Act 1995 LEGISLATION CITED : Crimes Legislation Amendment (Sentencing) Act 1999 Criminal Procedure Act 1986 Search Warrant Act 1985 Crimes (Detention after Arrest) Act 1997 Streat v Bauer; Streat v Blnco (16/03/98) CLD unrep, Smart J Queensland Bacon Pty Ltd v Rees (1996) 115 CLR 266 at 303 George v Rocket (1990) 170 CLR 104 at 115-116 R v Armstrong (1989) 53 SASR 25 at 27 CASES CITED: O'Hara v Chief Constable of the Royal Ulster Constabulary [1997] 2 WLR 1 at 5 & 11 Anderson v Judges of the District Court NSWLR (1992) 27 NSWLR 701 R v Rowe (2001) NSWLR 510 DPP v Farr (2001) NSWSC 3 R v Reid [1999] NSWCCA 258 Nix v Williams 467 US 431 DECISION : Appeal against convictions allowed - Convictions quashed - Verdict of acquittal entered.
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