DIRECTOR OF PUBLIC PROSECUTIONS v 'SNB' [2002] NSWSC 694

DIRECTOR OF PUBLIC PROSECUTIONS v 'SNB' [2002] NSWSC 694

s34 of the Ombudsman Act 1974, read with s164 of the Police Service Act 1990, does not exclude the evidence obtained by a police officer acting otherwise than under or at the direction of the Ombudsman, and the statement was properly admissible.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
24 June 2002
Procedural Posture
Appeal / Judgment
Outcome
appeal allowed
Legal Topics
['confidentiality' 'admissibility of Evidence' 'ombudsman Act 1974' 'police Service Act 1990']
['criminal Law' 'evidence Law' 'statutory Interpretation'] ['confidentiality' 'admissibility of Evidence' 'ombudsman Act 1974' 'police Service Act 1990']

Source-derived case record

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Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 ['Whether s34 of the Ombudsman Act 1974 applies to exclude evidence obtained by a police officer acting otherwise than under the Ombudsman' 'Admissibility of a statement taken in the course of an investigation of a complaint against a police officer']

Ratio Decidendi

s34 of the Ombudsman Act 1974, read with s164 of the Police Service Act 1990, does not exclude the evidence obtained by a police officer acting otherwise than under or at the direction of the Ombudsman, and the statement was properly admissible.

Court Disposition

appeal allowed

Orders

  • ["The Magistrate's order dismissing the information is quashed." 'Proceedings to be remitted to the Magistrate to be dealt with according to law.' "The defendant is to pay the plaintiff's costs." 'The defendant is granted a certificate under s6 of the Suitors Fund Act 1951.']