NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: R v Alqudsi (No 2) [2015] NSWSC 1783 Hearing dates: 27 November 2015 Decision date: 27 November 2015 Jurisdiction: Common Law Before: Adamson J Decision: Evidence admissible under s 138 of the Evidence Act 1995 (NSW) Catchwords: CRIMINAL LAW – evidence – execution of search warrant – evidence illegally obtained – illegality neither deliberate nor reckless – illegality relatively trivial - serious nature of offences charged – probative value and importance of evidence considered – desirability of admitting evidence substantially outweighs undesirability of evidence obtained where technical non-compliance with statutory provision Legislation Cited: Crimes Act 1914 (Cth), s 3E Crimes (Foreign Incursions and Recruitment) Act 1978 (Cth), ss 6, 7 Evidence Act 1995 (NSW), s 138 Cases Cited: Ibbs v The Queen [1987] HCA 46; 163 CLR 447 Parker v Comptroller-General of Customs [2009] HCA 7; 83 ALJR 494 R v Alqudsi [2015] NSWSC 1615 R v Camilleri [2007] NSWCC 36; 68 NSWLR 720 Shepherd v The Queen (1990) 170 CLR 573 Texts Cited: International Covenant on Civil and Political Rights, Art. 17 Wigmore on Evidence, vol 9 (Chadbourn rev. 1981) Category: Procedural rulings Parties: Regina Hamdi Alqudsi (Accused) Representation: Counsel: D Staehli SC/J Single (Crown) G Foster (Accused)
Solicitors: Commonwealth Director of Public Prosecutions (Crown) Zali Burrows Lawyers (Accused) File Number(s): 2013/363649
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