Director of Public Prosecutions (NSW) v Karen Maree Roberts (No 2) [2016] NSWSC 1789

Supreme Court New South Wales

Medium Neutral Citation: Director of Public Prosecutions (NSW) v Karen Maree Roberts (No 2) [2016] NSWSC 1789 Hearing dates: 31 March 2016, 1 September 2016 and 4 October 2016 Decision date: 13 December 2016 Jurisdiction: Common Law Before: Hall J Decision: Relief sought in the Summons is refused Catchwords: CRIMINAL LAW – practice and procedure – principal judgment held that the Magistrate had erred in construction of the provisions of s 69 of the Law Enforcement (Powers and Responsibilities) Act 2002 – examination of the evidence given by executing officer in proceedings before the Magistrate as to whether it was capable of establishing before the search warrant was executed, existed exigent circumstances that constituted a risk to the safety of police or others associated with the execution of a search warrant – the evidence before the Magistrate was not capable of supporting existence of exigent circumstances at any time prior to defendant's first request to see the warrant or prior to entry – the interests of justice did not require that the order of acquittal be set aside and the proceedings remitted to the Local Court. Legislation Cited: Crimes Act 1900 Crimes (Appeal and Review) Act 2001 Law Enforcement (Powers and Responsibilities) Act 2002 Cases Cited: Campbell v DPP [2008] NSWSC 1284 Commissioner of the Australian Federal Police v Oke (2007) 159 FCR 441; [2007] FCAFC 94 Director of Public Prosecutions v Fraser & O'Donnell [2008] NSWSC 244 Lippl v Haines (1989) 18 NSWLR 620 R v Cornell [2010] 2 SCR 142 RH v Director of Public Prosecutions (NSW) [2014] NSWCA 305 Turner v Wheeler [2016] NSWSC 345 Category: Principal judgment Parties: Director of Public Prosecutions (NSW) (Plaintiff) Karen Maree Roberts (Defendant) Representation: Counsel: JE Davidson (Plaintiff) C McGorey (Defendant)