R v Dowe [2007] NSWDC 92

R v Dowe [2007] NSWDC 92

The failure to consciously manage the 7 kg of cocaine under either the Commonwealth or State drug exhibit regimes was an impropriety, and police possession and handling of the drug was illegal between 7 February and the grant of the controlled operation authority on 22 February. From the grant of the authority the conduct was not unlawful. There was no illegality or impropriety in dealing with the money on 23 February. The impropriety and illegality did not produce the evidence concerning the events of 23 February and thereafter, and the accused did not establish that any relevant evidence was obtained improperly, in contravention of Australian law, or in consequence of an impropriety or...

Jurisdiction
Australia
Judgment Date
04 May 2007
Procedural Posture
Criminal / Application to Exclude Evidence
Outcome
Application to exclude evidence refused
Legal Topics
['exclusion of Evidence' 'illegality or Impropriety in Obtaining Evidence' 'controlled Operation Authorities' 'possession and Handling of Cocaine' 'reasonable Excuse' 'money Laundering']
['criminal Law' 'evidence' 'drug Offences' 'controlled Operations'] ['exclusion of Evidence' 'illegality or Impropriety in Obtaining Evidence' 'controlled Operation Authorities' 'possession and Handling of Cocaine' 'reasonable Excuse' 'money Laundering']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal / Application to Exclude Evidence

Legal Issues

  1. 1 ['Whether, on and after 7 February, the cocaine was handled illegally or improperly, at least until 22 February, when the authority was issued.' 'Whether, prior to 22 February, the police had a reasonable excuse for possessing or handling the cocaine, or whether their possession or handling was illegal under s233B of the Customs Act and/or under the Drug Misuse and Trafficking Act 1985.' 'Whether the receipt of monies by Tom and Mr Standen was unlawful under Commonwealth money laundering provisions.' 'What evidence was obtained illegally or improperly or in consequence of an illegality or impropriety.' 'Whether, despite any illegality or impropriety, the evidence should be admitted.']

Ratio Decidendi

The failure to consciously manage the 7 kg of cocaine under either the Commonwealth or State drug exhibit regimes was an impropriety, and police possession and handling of the drug was illegal between 7 February and the grant of the controlled operation authority on 22 February. From the grant of the authority the conduct was not unlawful. There was no illegality or impropriety in dealing with the money on 23 February. The impropriety and illegality did not produce the evidence concerning the events of 23 February and thereafter, and the accused did not establish that any relevant evidence was obtained improperly, in contravention of Australian law, or in consequence of an impropriety or...

Court Disposition

Application to exclude evidence refused

Orders

  • ['Application to exclude evidence refused']