R v Large [2019] NSWDC 627

District Court New South Wales

Medium Neutral Citation: R v Large [2019] NSWDC 627 Hearing dates: 25 – 29 March 2019; 1 April 2019 Decision date: 05 April 2019 Jurisdiction: Criminal Before: Norrish QC DCJ Decision: Evidence of the questioning of the accused and that of the search of the motor vehicle driven by the accused, as well as the "product" of that search, not be admitted because the desirability of admitting the evidence is outweighed by the undesirability of admitting the evidence obtained in the way in which it was obtained. Catchwords: CRIME – pre-trial hearing – the admissibility of evidence as a result of a search of a motor vehicle by police which was alleged by the accused to be either illegal or improper – police on patrol observe car accelerating harshly and follow – vehicle approached to administer RBT – driver and passenger questioned without cautions being administered – observations of the accused's demeanour lead to suspicion of drug supply – search of car – drugs, cash and phones found and seized – occupants arrested – accused admits driving vehicle but not to trying to avoid police – denies knowledge of presence of drugs and cash in vehicle – felt intimidated by presence and conduct of police officer – conflicting accounts by police officer and accused – no contemporaneous notes by any of police officers – no conversations recorded – officers give contradictory accounts of the events – evidence changed in court during voir dire hearing after speaking to other people involved Legislation Cited: Evidence Act 1995, s 138 Law Enforcement (Powers and Responsibilities) Act 2002, s 36 Road Transport Act 2013 s 3, Schedule 3 Cases Cited: Bunning v Cross (1978) 141 CLR 41 Cleland v R [1982] HCA 13; (1982) 151 CLR 1 Holgate-Mohammed v Duke [1984] AC 437 Hyder v Commonwealth (2012) 217 A Crim R 571 R v Magnus Kaba [2014] VSC 52 Ohara v Chief Constable of Royal Ulster Constabulary R v Buddee [2016] NSWDC 422 Rondo v R [2001] NSW CCA 540 Streat v Bauer (Supreme Court NSW) Smart J, 16 March 1998 unreported Williams v R (1986) 161 CLR 278 Category: Procedural and other rulings Parties: Regina (Crown) Chloe May Large (Defendant) Representation: Counsel: Ms Khalilizadeh (Defendant)