BALLIS v RANDALL [2007] NSWSC 422

Reported Decision : 171 ACrimR 243

New South Wales Supreme Court

CITATION : BALLIS v RANDALL [2007] NSWSC 422 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S) : 01/11/06; 27/02/07 to 01/03/07; 26/03/07

JUDGMENT DATE : 7 May 2007

JURISDICTION : Common Law

JUDGMENT OF : Hall J at 1

DECISION : The plaintiffs are entitled to relief by way of declaratory relief in the following terms: (a) That the execution of the search warrant issued on 24 September 2002 by the first defendant at the Local Court of New South Wales at Redfern in respect of premises at 4/67 Paul's Road, Randwick ("the first warrant") upon application by the third defendant was unlawful. (b) That the execution of the search warrant issued on 11 November 2002 by the first defendant at the Local Court at Redfern in respect of premises at 142/18-34 Waverley Street, Bondi Junction ("the second warrant") upon application by the fourth defendant was unlawful. (c) That the execution of the search warrant issued on 19 December 2002 by the second defendant at the Local Court at Redfern in respect of premises at 142/18-34 Waverley Street, Bondi Junction ("the second warrant") upon application by the fourth defendant was unlawful.; I request that the parties produce short minutes of orders to give effect to this judgment. I will provide the parties with the opportunity of making submissions in relation to any ancillary orders including any order as to costs.

CATCHWORDS : Criminal law - search warrants - validity - whether warrants were granted as covert warrants - whether statutory scheme under the Search Warrants Act 1985 (NSW) authorised covert search warrants - the warrants in question were validly granted, but not as covert search warrants - however the covert execution of the warrants was unlawful and had the effect of negating procedural safeguards created by statute in favour of an occupier of premises - jurisdiction of Supreme Court where pending criminal trial in the District Court - principles that guide the discretion in exercising the jurisdiction