R v Alqudsi [2015] NSWSC 1615

Supreme Court New South Wales

Medium Neutral Citation: R v Alqudsi [2015] NSWSC 1615 Hearing dates: 28 October 2015 Decision date: 02 November 2015 Jurisdiction: Common Law - Criminal Before: Adamson J Decision: (1) Direct the Crown to serve on the accused and provide to my Associate on or before 4pm 6 November 2015 a document setting out the evidence sought to be relied upon in the Crown case that was obtained by the execution of warrant 2372.

(2) Confirm 9 November 2015 at 9.15am as the next mention date, at which time a date for hearing of the voir dire in respect of the issue whether the evidence identified in (1) ought be admitted under s 138 of the Evidence Act 1995 (NSW) will be allocated and any further pre-trial directions will be made. Catchwords: CRIMINAL LAW – challenge to validity of indictment – whether consent of the Commonwealth Attorney-General valid pursuant to s 10 of the Crimes (Foreign Incursions and Recruitment) Act 1978 (Cth) – "commitment for trial" synonymous with "committal"

CRIMINAL LAW – telecommunications service warrants – whether failure to sign first page of warrant rendered warrant unlawful – no such legislative requirement – whether description of offence in warrants sufficient to comply with legislation – provision of short particulars required to identify offence in conceptual sense –particulars identifying factual ingredients of offence not required

CRIMINAL LAW – search warrants – whether search warrants unlawful – failure of executing officer to "sign over" warrant in accordance with s 3E of Crimes Act 1914 (Cth) – warrant did not comply with legislation – illegal search and seizure Legislation Cited: Crimes Act 1914 (Cth), ss 3C, 3E, 3F, 3G, 3H, 3J Crimes (Foreign Incursions and Recruitment) Act 1978 (Cth), ss, 7, 10 Criminal Procedure Act 1986 (NSW), ss 47, 53, 55, 56 Evidence Act 1995 (NSW), s 138 Judiciary Act 1903 (Cth), s 68 Law Enforcement (Powers and Responsibilities) Act 2002, s 76 Succession Act 2006 (NSW), s 14 Telecommunications (Interception and Access) Act 1979 (Cth), s 5D, Div 4, ss 46, 49, 75 Cases Cited: Bragshaw v Carter [2006] NSWCA 113 Flanagan v Commissioner of the Australian Federal Police (1996) 60 FCR 149 George v Rockett (1990) 170 CLR 104 King v The Queen [1969] 1 AC 304 R v Pettit [2015] TASSC 14 R v Solomon [2005] SASC 265 Taikato v The Queen (1996) 186 CLR 454 Telstra Corporation Ltd v Seven Cable Television Pty Ltd [2000] FCA 1160; 102 FCR 517 Category: Principal judgment Parties: Regina Hamdi Alqudsi (Accused) Representation: Counsel: D Staehli SC/J Single (Crown) I Barker QC/G Foster (Accused)