Gibbons v Evans & Anor [2008] NSWSC 495

Gibbons v Evans & Anor [2008] NSWSC 495

Although Detective Senior Constable Jones wrongly and carelessly stated that Ms Rich had discovered child pornographic images in files saved on the computer, the officer did not wilfully or intentionally mislead the Registrar. On the correct facts, namely that the plaintiff had intentionally accessed a website containing child pornography, there were sufficient grounds for issuing the search warrant and it would have been issued. There was therefore no basis to quash the warrant.

Jurisdiction
Australia
Judgment Date
14 May 2008
Procedural Posture
Summons Concerning Validity of Search Warrant / Ex Tempore Judgment
Outcome
Summons dismissed. Plaintiff to pay the second defendant's costs.
Legal Topics
['search Warrant' 'possession of Child Pornography' 'reasonable Suspicion' 'mistake in Warrant Application']
['criminal Law' 'administrative Law'] ['search Warrant' 'possession of Child Pornography' 'reasonable Suspicion' 'mistake in Warrant Application']

Case Brief

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Procedural Posture

Summons Concerning Validity of Search Warrant / Ex Tempore Judgment

Legal Issues

  1. 1 ["Whether the search warrant should be quashed because the application wrongly stated that child pornographic images had been found in files saved on the plaintiff's computer." 'Whether the Registrar would still have issued the warrant if told that the plaintiff had intentionally accessed a website containing child pornography.' 'Whether Detective Senior Constable Jones wilfully or intentionally misled the Registrar.']

Ratio Decidendi

Although Detective Senior Constable Jones wrongly and carelessly stated that Ms Rich had discovered child pornographic images in files saved on the computer, the officer did not wilfully or intentionally mislead the Registrar. On the correct facts, namely that the plaintiff had intentionally accessed a website containing child pornography, there were sufficient grounds for issuing the search warrant and it would have been issued. There was therefore no basis to quash the warrant.

Court Disposition

Summons dismissed. Plaintiff to pay the second defendant's costs.

Orders

  • ['Summons dismissed.' "The plaintiff is to pay the second defendant's costs."]