R v Campbell; R v Waters [2023] NSWDC 626

R v Campbell; R v Waters [2023] NSWDC 626

The authorisations and extensions for the Major Controlled Operation under s15GI of the Crimes Act were valid, as there was no evidence before the court contradicting the express satisfaction on reasonable grounds stated on the face of the relevant documents. The statutory language required only the decision-maker's satisfaction on reasonable grounds, not a strict prohibition as per the State legislation considered in Gedeon. No defect apparent on the face of the authorisations or irrationality was established. Therefore, the applications for exclusion, stay, and declarations of invalidity were refused.

Parties
Crown: Commonwealth Department of Public Prosecutions; Co Accused: David Edward John Campbell; Co Accused: Tristan Edward Egon Sebastian Waters
Jurisdiction
Australia
Judgment Date
11 May 2023
Procedural Posture
Criminal / Pre Trial Applications for Stay, Exclusion of Evidence, and Declarations of Invalidity
Outcome
Applications refused. Notices of Motion dismissed.
Legal Topics
Controlled Operations, Stay of Proceedings, Evidence Exclusion, Validity of Authorisations, Statutory Interpretation
Criminal Law Procedural Law Controlled Operations Stay of Proceedings Evidence Exclusion Validity of Authorisations Statutory Interpretation

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Parties

Commonwealth Department of Public Prosecutions

Crown

David Edward John Campbell

Co Accused

Tristan Edward Egon Sebastian Waters

Co Accused

Procedural Posture

Criminal / Pre Trial Applications for Stay, Exclusion of Evidence, and Declarations of Invalidity

Legal Issues

  1. 1 Whether the authorisations and variations for a Major Controlled Operation (MCO) under s15GI of the Crimes Act 1914 (Cth) were invalid
  2. 2 Whether evidence obtained as a result of the MCO should be excluded
  3. 3 Whether the criminal proceedings should be permanently stayed

Ratio Decidendi

The authorisations and extensions for the Major Controlled Operation under s15GI of the Crimes Act were valid, as there was no evidence before the court contradicting the express satisfaction on reasonable grounds stated on the face of the relevant documents. The statutory language required only the decision-maker's satisfaction on reasonable grounds, not a strict prohibition as per the State legislation considered in Gedeon. No defect apparent on the face of the authorisations or irrationality was established. Therefore, the applications for exclusion, stay, and declarations of invalidity were refused.

Court Disposition

Applications refused. Notices of Motion dismissed.

Orders

  • In respect of the Notice of Motion filed on 3 May 2023 by Campbell, relief sought in [1] and [2] is refused and the Notice of Motion is dismissed.
  • In respect of the Notice of Motion filed on behalf of Waters by leave on 8 May 2023, the declarations sought in [1] and relief in [2] and [3] are refused. The Notice of Motion is dismissed.