Ridgeway v The Queen [1995] HCA 66

Ridgeway v The Queen [1995] HCA 66

The conviction of the appellant under s 233B(1)(c) of the Customs Act 1901 (Cth) was quashed as all evidence tending to show the heroin supplied to him had been illegally imported should have been excluded on public policy grounds, making it impossible for the prosecution to prove a necessary element of the offence; further proceedings were permanently stayed.

Jurisdiction
Australia
Procedural Posture
Criminal / Appeal
Outcome
Appeal allowed; conviction quashed; permanent stay of further proceedings under s 233B(1) of the Customs Act 1901 (Cth).
Legal Topics
['entrapment' 'abuse of Process' 'discretion to Exclude Evidence' 'public Policy' 'drug Offences' 'controlled Delivery' 'police Misconduct']
['criminal Law'] ['entrapment' 'abuse of Process' 'discretion to Exclude Evidence' 'public Policy' 'drug Offences' 'controlled Delivery' 'police Misconduct']

Case Brief

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Procedural Posture

Criminal / Appeal

Legal Issues

  1. 1 ['Whether entrapment is a substantive defence under Australian law' 'Whether trial judges have judicial discretion to exclude evidence or stay proceedings where an offence has been procured by illegal police conduct' 'Whether a stay of proceedings or exclusion of evidence is warranted in cases where police conduct led to the commission of the offence']

Ratio Decidendi

The conviction of the appellant under s 233B(1)(c) of the Customs Act 1901 (Cth) was quashed as all evidence tending to show the heroin supplied to him had been illegally imported should have been excluded on public policy grounds, making it impossible for the prosecution to prove a necessary element of the offence; further proceedings were permanently stayed.

Court Disposition

Appeal allowed; conviction quashed; permanent stay of further proceedings under s 233B(1) of the Customs Act 1901 (Cth).

Orders

  • ['Set aside the decision of the Full Court of the Supreme Court of South Australia.' 'Order that the appeal to that Court be allowed.' "Order that the appellant's conviction be quashed." 'Order that there be a permanent stay of further proceedings in relation to the two alleged offences under s 233B(1) of the...