DOWE & ANOR v. COMMISSIONER OF THE NEW SOUTH WALES CRIME COMMISSION & ANOR [2007] NSWSC 166

DOWE & ANOR v. COMMISSIONER OF THE NEW SOUTH WALES CRIME COMMISSION & ANOR [2007] NSWSC 166

The authorities to conduct controlled operations did not contravene s.7(1)(b) of the Act because the authorised conduct (sale and supply of cocaine) was not itself, on an objective assessment, likely to seriously endanger health or safety within the meaning of the section, given the requirement for a direct causal nexus. The reporting requirements under s.6(3)(d) could be fulfilled as the Act does not require final accounting for every instance of disposition of the cocaine, and accountability is achieved by reporting on the activities conducted.

Jurisdiction
Australia
Judgment Date
06 March 2007
Procedural Posture
Judicial Review / Final Judgment
Outcome
Applicants' summonses dismissed; costs reserved.
Legal Topics
['controlled Operations' 'judicial Review' 'statutory Interpretation' 'criminal Law' 'reporting Requirements']
['administrative Law'] ['controlled Operations' 'judicial Review' 'statutory Interpretation' 'criminal Law' 'reporting Requirements']

Case Brief

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Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 ['Whether the authorities to conduct controlled operations were issued in contravention of the prohibition in s.7(1)(b) of the Law Enforcement (Controlled Operations) Act 1997 (NSW) by involving conduct likely to seriously endanger health or safety of persons' 'Whether the reporting requirements under s.6(3)(d) of the Law Enforcement (Controlled Operations) Act 1997 (NSW) were capable of being fulfilled in the circumstances of the controlled operations']

Ratio Decidendi

The authorities to conduct controlled operations did not contravene s.7(1)(b) of the Act because the authorised conduct (sale and supply of cocaine) was not itself, on an objective assessment, likely to seriously endanger health or safety within the meaning of the section, given the requirement for a direct causal nexus. The reporting requirements under s.6(3)(d) could be fulfilled as the Act does not require final accounting for every instance of disposition of the cocaine, and accountability is achieved by reporting on the activities conducted.

Court Disposition

Applicants' summonses dismissed; costs reserved.

Orders

  • ["The plaintiffs' summonses are dismissed." 'Costs reserved.']