R v Buddee [2016] NSWDC 422

R v Buddee [2016] NSWDC 422

The police purpose in stopping the vehicle was not to conduct a random breath test but to conduct a random crime stop or pro-active criminal investigation without any legally justifiable state of mind. The stop, detention, interrogation and search were unlawful or improper, and the evidence of the drugs was obtained as a consequence of those contraventions. Although the evidence was highly probative and important, the gravity and deliberate or reckless nature of the impropriety, the interference with fundamental rights, and the need not to condone or encourage such police conduct meant the desirability of admitting the evidence did not outweigh the undesirability of admitting it under s...

Jurisdiction
Australia
Judgment Date
09 November 2016
Procedural Posture
Criminal Trial on Indictment for Supply Based on Alleged Possession of Methylamphetamine / Voir Dire Application to Exclude Evidence Under S 138 of the Evidence Act 1995
Outcome
Evidence excluded under s 138 of the Evidence Act 1995.
Legal Topics
['discretion to Exclude Evidence' 'illegally or Improperly Obtained Evidence' 'random Breath Testing' 'random Crime Stops' 'improper Purpose' 'vehicle Stop and Search' 'arrest' 'search and Seizure' 'statutory Interpretation' 'principle of Legality' 'freedom of Movement' 'privacy']
['criminal Law' 'evidence' 'police Powers'] ['discretion to Exclude Evidence' 'illegally or Improperly Obtained Evidence' 'random Breath Testing' 'random Crime Stops' 'improper Purpose' 'vehicle Stop and Search' 'arrest' 'search and Seizure' 'statutory Interpretation' 'principle of Legality' 'freedom of Movement' 'privacy']

Case Brief

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Procedural Posture

Criminal Trial on Indictment for Supply Based on Alleged Possession of Methylamphetamine / Voir Dire Application to Exclude Evidence Under S 138 of the Evidence Act 1995

Legal Issues

  1. 1 ["Whether police stopped the accused's vehicle for a lawful random breath testing purpose or for an unlawful and improper pro-active criminal investigation purpose." 'Whether any subsequent detention, interrogation, search and seizure were unlawful or improper.' 'Whether evidence obtained after the stop and search should be excluded under s 138 of the Evidence Act 1995.']

Ratio Decidendi

The police purpose in stopping the vehicle was not to conduct a random breath test but to conduct a random crime stop or pro-active criminal investigation without any legally justifiable state of mind. The stop, detention, interrogation and search were unlawful or improper, and the evidence of the drugs was obtained as a consequence of those contraventions. Although the evidence was highly probative and important, the gravity and deliberate or reckless nature of the impropriety, the interference with fundamental rights, and the need not to condone or encourage such police conduct meant the desirability of admitting the evidence did not outweigh the undesirability of admitting it under s...

Court Disposition

Evidence excluded under s 138 of the Evidence Act 1995.

Orders

  • ['The evidence is excluded.']