Varty v Director of Public Prosecutions (NSW) [2015] NSWSC 304

Supreme Court New South Wales

Medium Neutral Citation: Varty v Director of Public Prosecutions (NSW) [2015] NSWSC 304 Hearing dates: 17 March 2015 Decision date: 25 March 2015 Jurisdiction: Common Law Before: Adamson J Decision: 1. Dismiss the amended summons. 2. No order as to costs. Catchwords: EVIDENCE – whether unlawfully obtained evidence was properly admitted under s 138 of the Evidence Act 1995 (NSW) – vehicle stopped by police on grounds that were found not to be reasonable – before search of vehicle or occupants commenced passenger dropped prohibited drugs on ground – whether dropping of drugs irrelevant consideration in determining whether illegally obtained evidence ought be admitted JUSTICES – latitude to be given to reasons given ex tempore – no opportunity to remove infelicities of expression – whether phrase "benefit of the doubt" indicated that Magistrate applied criminal standard of proof to determination whether contravention was deliberate or reckless Legislation Cited: Crimes (Appeal and Review) Act 2001 (NSW) Pt 5, s 52(1) Crimes (Sentencing Procedure) Act 1999 (NSW) s 9(1) Drugs Misuse and Trafficking Act 1985 (NSW) ss 3, 7, 10(1), 25(1), 29, Sch 1 Evidence Act 1995 (NSW) ss 138(1), 138(3), 142 Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) ss 21, 36 Cases Cited: Acuthan v Coates (1986) 6 NSWLR 472 Associated Provincial Picture Houses Ltd v Wednesbury Corporation [1948] 1 KB 223 Briginshaw v Briginshaw [1938] HCA 34; 60 CLR 336 Director of Public Prosecutions (NSW) v Illawarra Cashmart Pty Limited [2006] NSWSC 343; 67 NSWLR 402 Em v The Queen [2007] HCA 46; 232 CLR 67 Employment Advocate v Williamson [2001] FCA 1164; 111 FCR 20 Habib v Nationwide News Pty Ltd [2010] NSWCA 34; 76 NSWLR 299 House v R [1936] HCA 40; 55 CLR 499 Minister for Aboriginal Affairs v Peko-Wallsend Limited [1986] HCA 40; 162 CLR 24 R v Dalley [2002] NSWCCA 284 R v Nguyen [2001] VSCA 1 Water Conservation and Irrigation Commission (NSW) v Browning (1947) 74 CLR 492 Category: Principal judgment Parties: Craig Thomas Varty (Plaintiff) Director of Public Prosecutions (NSW) (Defendant) Representation: Counsel: J Manuell SC (Plaintiff) DT Kell (Defendant)