R v Kovac [2021] NSWDC 85

R v Kovac [2021] NSWDC 85

The evidence of the prohibited firearms was obtained as a consequence of investigative questioning and the obtaining of identity in breach of legislative requirements (s14, s202 LEPRA), without reasonable suspicion or necessary caution, resulting in contravention of Australian law. The undesirability of admitting evidence obtained in this manner outweighed its probative value, necessitating exclusion under s138 of the Evidence Act 1995 (NSW).

Jurisdiction
Australia
Judgment Date
23 March 2021
Procedural Posture
Criminal / Procedural Determination of Admissibility of Evidence
Outcome
Evidence excluded
Legal Topics
['firearms Offences' 'unauthorised Use/possession of Firearm' 'admissibility of Evidence' 'police Powers' 'right to Silence']
['criminal Law' 'evidence Law'] ['firearms Offences' 'unauthorised Use/possession of Firearm' 'admissibility of Evidence' 'police Powers' 'right to Silence']

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Procedural Posture

Criminal / Procedural Determination of Admissibility of Evidence

Legal Issues

  1. 1 ['Whether evidence of prohibited firearms should be excluded due to being obtained in contravention of Australian law' 'Whether police questioning and obtaining identity from the accused breached legislative powers and safeguards' 'Whether failure to caution and lack of reasonable suspicion invalidated subsequent search and seizure']

Ratio Decidendi

The evidence of the prohibited firearms was obtained as a consequence of investigative questioning and the obtaining of identity in breach of legislative requirements (s14, s202 LEPRA), without reasonable suspicion or necessary caution, resulting in contravention of Australian law. The undesirability of admitting evidence obtained in this manner outweighed its probative value, necessitating exclusion under s138 of the Evidence Act 1995 (NSW).

Court Disposition

Evidence excluded

Orders

  • ['The evidence obtained from the search of the Mitsubishi motor vehicle on 23 December 2018 is not to be admitted.']