Police v Thao Phuon Nguyen [2010] NSWLC 15

Police v Thao Phuon Nguyen [2010] NSWLC 15

The objection failed because the accused did not establish that the vehicle stop, the arrest of Ahmet Fahri, the vehicle search, the police entry into her premises, or the police conduct during her arrest involved unlawful or improper conduct requiring exclusion under section 138. In any event, evidence against the accused was not relevantly obtained in consequence of the vehicle stop or Ahmet Fahri's arrest or search, and police entry into the premises was by permission. If section 138 had been engaged, the high probative value and importance of the evidence, the seriousness of the offences, and the minor and non-deliberate character of any possible impropriety meant the desirability of...

Jurisdiction
Australia
Judgment Date
19 May 2010
Procedural Posture
Criminal Proceeding in the Local Court of New South Wales / Voir Dire on Preliminary Question of Admissibility of Prosecution Evidence Under Section 138 of the Evidence Act 1995 During Defended Hearing
Outcome
Objection overruled; evidence admitted.
Legal Topics
['section 138 Evidence Act 1995' 'improperly or Illegally Obtained Evidence' 'random Breath Test and Vehicle Stop' 'arrest Without Warrant' 'search of Vehicle' 'entry Into Premises by Consent' 'admissions' 'police Execution of Duty']
['criminal Law' 'evidence' 'criminal Procedure' 'police Powers'] ['section 138 Evidence Act 1995' 'improperly or Illegally Obtained Evidence' 'random Breath Test and Vehicle Stop' 'arrest Without Warrant' 'search of Vehicle' 'entry Into Premises by Consent' 'admissions' 'police Execution of Duty']

Case Brief

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Procedural Posture

Criminal Proceeding in the Local Court of New South Wales / Voir Dire on Preliminary Question of Admissibility of Prosecution Evidence Under Section 138 of the Evidence Act 1995 During Defended Hearing

Legal Issues

  1. 1 ['Whether the police stop of the vehicle driven by Ahmet Fahri was unlawful or improper.' 'Whether the arrest of Ahmet Fahri and subsequent search of the vehicle were unlawful or improper.' "Whether police entry into the accused's premises after her arrest was unlawful or improper or based on consent." 'Whether the conduct of police in effecting the arrest of the accused justified exclusion of evidence.' 'Whether evidence against the accused was obtained in consequence of any alleged impropriety or contravention of Australian law for the purposes of section 138 of the Evidence Act 1995.' 'Whether, if section 138 was engaged, the desirability of admitting the evidence outweighed the undesirability of admitting it.']

Ratio Decidendi

The objection failed because the accused did not establish that the vehicle stop, the arrest of Ahmet Fahri, the vehicle search, the police entry into her premises, or the police conduct during her arrest involved unlawful or improper conduct requiring exclusion under section 138. In any event, evidence against the accused was not relevantly obtained in consequence of the vehicle stop or Ahmet Fahri's arrest or search, and police entry into the premises was by permission. If section 138 had been engaged, the high probative value and importance of the evidence, the seriousness of the offences, and the minor and non-deliberate character of any possible impropriety meant the desirability of...

Court Disposition

Objection overruled; evidence admitted.

Orders

  • ['Objection overruled- evidence admitted']