NSW Caselaw
New South Wales Supreme Court
CITATION : R (Cth) v Petroulias (No. 8) [2007] NSWSC 82
HEARING DATE(S) : 30 January 2007, 31 January 2007, 5 February 2007, 6 February 2007, 7 February 2007, 8 February 2007
JUDGMENT DATE : 15 February 2007
JUDGMENT OF : Johnson J at 1
DECISION : The application of the Accused under s.138 Evidence Act 1995 to exclude evidence obtained pursuant to telephone intercept warrant and search warrants is refused.
CATCHWORDS : CRIMINAL LAW - admissibility of evidence obtained under telephone intercept warrants and search warrant - whether evidence improperly obtained under s.138 Evidence Act 1995 - defence contention that false and misleading information included in warrant applications - defence contention that senior Australian Taxation Office officer deliberately and intentionally provided false and misleading information to police officers making warrant applications - held that some information in warrant applications was inaccurate - held that inclusion of inaccurate information was not deliberate, intentional or reckless - whether inadvertent inclusion of inaccurate information was improper for the purposes of s.138 - held that impropriety not established - application refused
Evidence Act 1995 LEGISLATION CITED : Telecommunications (Interception) Act 1979 (Cth) Crimes Act 1914 (Cth)
R v Petroulias (No. 5) [2006] NSWSC 1155 R v Petroulias (No. 7) [2007] NSWSC 16 R v Petroulias (No. 6) [2006] NSWSC 1422 R v Petroulias (No. 9) [2007] NSWSC 84 R v Petroulias (No. 1) [2006] NSWSC 788 Robinson v Woolworths Limited (2005) 64 NSWLR 612 Briginshaw v Briginshaw (1938) 60 CLR 336 B v Medical Superintendent of Macquarie Hospital (1987) 10 NSWLR 440 Neat Holdings Pty Limited v Karajan Holdings Pty Limited (1992) 67 ALJR 170 CASES CITED : Amalgamated Television Services Pty Ltd v Marsden [2002] NSWCA 419 Palmer v Dorman [2005] NSWCA 361 Ridgeway v The Queen (1995) 184 CLR 19 R v Cornwell (2003) 57 NSWLR 82 Director of Public Prosecutions v AM (2006) 161 A Crim R 219 R v Dalley (2002) 132 A Crim R 169 Flanagan v Commissioner of the Australian Federal Police (1996) 60 FCR 149 R v Turner (No. 14) [2001] TasSC 124 R v Petroulias (2005) 62 NSWLR 663 Goodrich Aerospace Pty Limited v Arsic [2006] NSWSC 187
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