R v SIBRAA [2012] NSWCCA 19

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: R v SIBRAA [2012] NSWCCA 19 Hearing dates: Wednesday 1 February 2012 Decision date: 27 February 2012 Before: Whealy JA at [1] RS Hulme J at [7] Hidden J at [30] Decision: (1) Allow the appeal. (2) Vacate the decision of Bennett DCJ to exclude evidence obtained by the Australian Federal Police during the execution of a s.3E Crimes Act 1914 search warrant at the residence of Nicholas Enrique Sibraa. (3) Remit the proceedings to Bennett DCJ to be continued in accordance with this decision. Catchwords: Evidence - invalid search warrant Legislation Cited: Crimes Act 1914 (Cth) Criminal Appeal Act 1912 Evidence Act 1995 - s.138 Cases Cited: Bunning v Cross (1978) 141 CLR 54 DPP v Nicholls [2001] 123 A Crim R 66 Oliver [2002] EWCA Crim 2766 Parker v Comptroller-General of Customs [2009] HCA 7; (2009) 252 ALR 619 R v Burns (No 3) [1999] SASC 532 Category: Principal judgment Parties: Regina Nicholas Enrique SIBRAA Representation: C: P Hastings QC R: G Turnbull SC/P J Gow C: Commonwealth Director of Public Prosecutions R: Ian Rolfe File Number(s): 2010/87433 Decision under appeal Jurisdiction: 9101 Date of Decision: 2011-04-21 00:00:00 Before: Bennett DCJ File Number(s): 2010/87433