Dowe v R [2009] NSWCCA 23

Reported Decision: 193 A Crim R 220 Appeal Outcome: Special leave dismissed by the High Court - 2 October 2009

New South Wales Court of Criminal Appeal

CITATION: Dowe v R [2009] NSWCCA 23

HEARING DATE(S): 10 December 2008

JUDGMENT DATE: 19 February 2009

JUDGMENT OF: Tobias JA at 1; James J at 106; Price J at 107

DECISION: Appeal dismissed

CATCHWORDS: CRIMINAL LAW - appeal and new trial and inquiry after conviction - appeal and new trial - miscarriage of justice – particular circumstances involving miscarriage – improper admission or rejection of evidence – illegally obtained evidence – whether evidence obtained in consequence of a controlled operation should be admitted notwithstanding subsequent finding that the authority approving the operation was invalid – where law enforcement officers had bona fide belief in the lawfulness of the controlled operation – judicial discretion to admit or exclude evidence

Crimes Act 1914 (Cth) Customs Act 1901 (Cth) LEGISLATION CITED: Drugs Misuse & Trafficking Act 1985 Evidence Act 1995 Law Enforcement (Controlled Operations) Act 1997

Bunning v Cross [1978] HCA 22; (1978) 141 CLR 54 Dowe v Commissioner of New South Wales Crime Commission [2007] NSWSC 166; (2007) 169 A Crim R 43 CASES CITED : Dowe v Commissioner of New South Wales Crime Commission & Anor; Gedeon v Commissioner of New South Wales Crime Commission & Anor [2007] NSWCA 296; (2007) 177 A Crim R 44 Gedeon v Commissioner of New South Wales Crime Commission; Dowe v Commissioner of New South Wales Crime Commission [2008] HCA 43; (2008) 82 ALJR 1465 Ridgeway v The Queen [1995] HCA 66; (1995) 184 CLR 19 R v Dowe [2007] NSWDC 92