Regina (C'Wealth) v Baladjam & Ors [No 46] [2008] NSWSC 1465

New South Wales Supreme Court

CITATION : Regina (C'Wealth) v Baladjam & Ors [No 46] [2008] NSWSC 1465

HEARING DATE(S) : 07/08/08; 18/08/08; 02/09/08

JUDGMENT DATE : 30 September 2008

JURISDICTION : Criminal

JUDGMENT OF : Whealy J at 1

DECISION : 1. I declione to exclude the evidence identified in the Notice of Motion, 2. Notice of Motion dismissed.

CATCHWORDS : CRIMINAL LAW - Detention of accused for the purposes of a terrorism offence - Procedures involved in making application for an extension of time of detention period - Whether false information had been provided to a Magistrate in support of an application for an extension of the investigation period - Whether the police failed to inform.the accused of his right to speak with a Magistrate in connection with the extension application - Whether police failed to comply with the provisions of s 23E(4) and (5) of the Crimes Act 1914 (Cth) - Applications for extension of time under s 23D or 23DA by telephone - Whether a person under arrest must be informed of his or her right to make representations to the judicial officer prior to the making of the application or prior to its being heard - Proper construction of s 23E(2) of Crimes Act 1914 (Cth) - Further requirement that the judicial officer who extends the investigation period must notify the investigating official of the day and time when the extension is granted - Whether s 23E(4) requires the investigating official to complete and return to the judicial officer a document that accords with the order made by the judicial officer - Consequences of non-compliance with legislation. - CRIMINAL LAW - S 138 of Evidence Act 1995 - Principles applicable to exercise of discretion to exclude evidence obtained in circumstances where there has been a breach of the requirements of the Commonwealth Crimes Act 1914.