Azar v DPP [2014] NSWSC 132

Supreme Court New South Wales

Medium Neutral Citation: Azar v DPP [2014] NSWSC 132 Hearing dates: 20 February 2014 Decision date: 28 February 2014 Jurisdiction: Common Law Before: Adamson J Decision: (1) Dismiss the amended summons (2) Order the plaintiff to pay the defendant's costs Catchwords: POLICE - legitimate exercise of powers - searches and detention of persons - whether suspicion was reasonably formed - presence of hire car in area known to police to be connected with drug use and supply, in circumstances where a person got into the passenger seat of a motor vehicle and then got out again within a short period of time - whether Parliament intended power to detain to amount to an arrest Legislation Cited: Crimes (Appeal and Review) Act 2001 (NSW), s 52 Law Enforcement (Powers and Responsibilities) Act 2002 (NSW), s 21, s 36 Road Transport (Safety and Traffic) Management Act 1999 (NSW), s 13 Cases Cited: Acuthan v Coates (1986) 6 NSWLR 472 Attorney General for NSW v X [2009] NSWCA 199; (2009) 49 NSWLR 653 Bain v Police [2011] SASC 228 Coleman v Power [2004] HCA 39; 220 CLR 1 Director of Public Prosecutions (NSW) v Illawarra Cashmart Pty Ltd [2006] NSWSC 343; (2006) 67 NSWLR 402 George v Rockett [1990] HCA 26; 170 CLR 104 Henderson v O'Connell [1937] VLR 171 Hussien v Chong Fook Kam [1970] AC 942 Hyder v Commonwealth of Australia [2012] NSWCA 336; (2012) 217 A Crim R 517 Nguyen v Elliott (Supreme Court (Vic), Hedigan J, 6 February 1995, unrep) Ohlsen v Jones (1991) 53 A Crim R 136 R v Orm [2011] NSWDC 26 Ruddock v Taylor [2005] HCA 48; (2005) 222 CLR 612 Street v Bauer (Supreme Court (NSW), Smart J, 16 March 1998, unrep) Category: Principal judgment Parties: Emile Azar (Plaintiff) Director of Public Prosecutions (Defendant) Representation: Counsel: E Ozen (Plaintiff) D Kell (Defendant) Solicitors: Benjamin & Leonardo Criminal Defence Lawyers (Plaintiff) SC Kavanagh, Solicitor for Public Prosecutions (Defendant) File Number(s): 2013/216074