Polley v Johnson and anor [2014] NSWSC 1191

Supreme Court New South Wales

Medium Neutral Citation: Polley v Johnson and anor [2014] NSWSC 1191 Hearing dates: 13, 14 March 2014; 8 April 2014; 17 June 2014 Decision date: 29 August 2014 Before: Bellew J Decision: 1. The summons is dismissed. 2. The parties are to provide written submissions by 4.00pm on Friday 5 September 2014 as to the question of costs, such submissions not to exceed 2 pages in length. Catchwords: SEARCH WARRANTS - Validity - Where search warrant granted to search premises in relation to an offence of threatening injury or detriment to a person believing that such person will be or may be called as a witness in judicial proceedings - Whether judicial proceedings are required to be on foot in order for such offence to be made out - Whether search warrant invalid

SEARCH WARRANTS - Validity - Whether reasons stated in the application for a search warrant were truthful - Where Court was invited to conclude that the stated reasons were a "cover" for another undisclosed reason - Where no such proposition was put to the applicant for the search warrant when cross examined - Breach of the rule in Browne v Dunn - Where evidence did not support the proposition that the warrant was issued for a reason other than that stated in the application

STATUTORY INTERPRETATION - general principles to be applied Legislation Cited: Crimes Act 1900 Criminal Legislation Amendment Act 1995 (Act No 23 of 1995) Crimes (Public Justice) Amendment Act 1990 (No 51 of 1990) Evidence Act 1995 Firearms Act 1996 Interpretation Act 1987 Law Enforcement (Powers and Responsibilities) Act 2002 Uniform Civil Procedure Rules 2005 Cases Cited: Beckwith v R (1976) 135 CLR 569 Browne v Dunn (1893) 6 R 67 Carver v Clerk of the Court (unreported, Supreme Court of NSW, Black AJ, 13 March 1998 Douglas v Blackler [2001] NSWSC 901 Majzoub v Kepreokis [2009] NSWSC 314; (2009) 195 A Crim R 63 R v Lansdell (CCA (NSW) 22 May 1995 unreported R v Orcher (1999) 48 NSWLR 273 R v Tillett; Ex parte Newton (1969) 14 FLR 101 Scalise v Bezzina [2003] NSWCA 362 Warner v Elder (unreported, Supreme Court of NSW, Temby AJ, 23 April 1997 Category: Principal judgment Parties: Michelle Elizabeth Polley - Plaintiff Belinda Johnson - First Defendant Holly Wraith Smith - Second defendant Representation: Mr G Niven - Plaintiff (on 13 and 14 March 2014) Mr P Skinner - Plaintiff (on 8 April and 17 June 2014) Ms M England - First Defendant Legal Aid New South Wales - Plaintiff I V Knight - Crown Solicitor for New South Wales - First defendant File Number(s): 2012 / 271413