DOWE & ANOR v. COMMISSIONER OF THE NEW SOUTH WALES CRIME COMMISSION & ANOR [2007] NSWSC 166

Reported Decision : 169 A CRIM R 43

New South Wales Supreme Court

CITATION : DOWE & ANOR v. COMMISSIONER OF THE NEW SOUTH WALES CRIME COMMISSION & ANOR [2007] NSWSC 166 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S) : 20 December 2006; 8 and 9 February 2007

JUDGMENT DATE : 6 March 2007

JURISDICTION : Administrative Law

JUDGMENT OF : Hall J at 1

DECISION : The authorities to conduct controlled operations did not contravene the prohibition in s.7(1)(b) of the Act and were not such that the reporting requirements under s.6(3)(d) of the Law Enforcement (Controlled Operations) Act 1997 (NSW) could not be fulfilled and were not made unreasonably. The authorities were lawfully granted. The plaintiffs' summonses should be dismissed. The question of costs reserved.

CATCHWORDS : Authorities to conduct controlled operations granted under Law Enforcement (Controlled Operations) Act 1997 (NSW) - operations involving sale and supply of prohibited drug (cocaine) - whether decisions of Commissioner of New South Wales Crime Commission to grant authorities contravened provisions of s.7(1)(b) of the Act - prohibition on grant of authorities involving participants engaging in conduct likely to seriously endanger health and safety of specified persons - and therefore invalid - objective test to be applied in determining whether authority under the Act will involve conduct by a participant that is likely to seriously endanger the health or safety of specified persons - prohibition involves requisite causal nexus being established - authorities lawfully granted - Wednesbury unreasonableness not made out - reporting requirements under s.6(3)(d) of the Act - content of the obligation - whether obligation capable fo being fulfilled when prohibited drugs used in controlled operation not likely to be recovered.