Greer v Commissioner of NSW Police and Anor [2002] NSWSC 356

Greer v Commissioner of NSW Police and Anor [2002] NSWSC 356

The plaintiff was not entitled to orders for delivery up or destruction. The search warrant and seizure were not challenged, the diary original had been returned, and there was a current investigation into possible criminal offending associated with cash found next door. Detective Barden's view that diary entries had relevance and potential evidentiary significance was reasonably open, and retaining a photocopy of the whole diary was reasonable for the ongoing investigation and possible prosecution, with no improper purpose or abuse of process shown. The videotape was police property, the plaintiff had no proprietary claim to it, and it was proper for police to record execution of the...

Jurisdiction
Australia
Judgment Date
26 April 2002
Procedural Posture
Summons Seeking Return or Destruction of Documents, Photographs, Videotape Recordings and Records Arising From Execution of a Search Warrant / Hearing of Summons Before the Duty Judge
Outcome
Summons dismissed; plaintiff to pay the defendant's costs as agreed or assessed.
Legal Topics
['retention of Photocopies of Seized Documents' 'return or Destruction of Police Records' 'electronic Recording of Search Warrant Execution' 'ongoing Police Investigation' 'potential Evidentiary Significance']
['criminal Procedure' 'police Powers' 'search Warrants' 'evidence'] ['retention of Photocopies of Seized Documents' 'return or Destruction of Police Records' 'electronic Recording of Search Warrant Execution' 'ongoing Police Investigation' 'potential Evidentiary Significance']

Case Brief

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Procedural Posture

Summons Seeking Return or Destruction of Documents, Photographs, Videotape Recordings and Records Arising From Execution of a Search Warrant / Hearing of Summons Before the Duty Judge

Legal Issues

  1. 1 ["Whether police were justified in retaining photocopies of the plaintiff's 2001 Collins diary after the original diary seized under a valid search warrant had been returned." 'Whether copies of diary entries other than those specifically identified by police should be delivered up or destroyed.' 'Whether the plaintiff was entitled to delivery up or destruction of videotape footage, still photographs depicting him, and records of questions and answers during execution of the search warrant.' 'Whether recording the execution of the search warrant by videotape was legitimate.']

Ratio Decidendi

The plaintiff was not entitled to orders for delivery up or destruction. The search warrant and seizure were not challenged, the diary original had been returned, and there was a current investigation into possible criminal offending associated with cash found next door. Detective Barden's view that diary entries had relevance and potential evidentiary significance was reasonably open, and retaining a photocopy of the whole diary was reasonable for the ongoing investigation and possible prosecution, with no improper purpose or abuse of process shown. The videotape was police property, the plaintiff had no proprietary claim to it, and it was proper for police to record execution of the...

Court Disposition

Summons dismissed; plaintiff to pay the defendant's costs as agreed or assessed.

Orders

  • ['The summons is dismissed.' "The plaintiff is to pay the defendant's costs as agreed or assessed."]