Marschall, Joy & Anor v Smith, William John & Ors [1997] FCA 1137
The warrants, considered as a whole, were sufficiently particularised in the context of an investigation into potential revenue offences, such that they did not constitute invalid general warrants. The lack of specificity as to dates, places or suspects did not render the warrants invalid, given the investigation’s early stage and the nature of the alleged offences.
- Jurisdiction
- Australia
- Judgment Date
- 02 October 1997
- Procedural Posture
- Application for Judicial Review / Final Judgment at First Instance
- Outcome
- application dismissed with costs
- Legal Topics
- ['search Warrants' 'validity of Warrants' 'scope of Search' 'excise Offences' 'judicial Review']
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Procedural Posture
Application for Judicial Review / Final Judgment at First Instance
Legal Issues
- 1 ['Whether the search warrants issued under s 198 of the Customs Act 1901 (Cth) were so broad as to amount to general warrants and thus invalid' 'Whether insufficient specificity in the warrants as to dates, places, potential offenders, or categories of documents rendered the warrants invalid']
Ratio Decidendi
The warrants, considered as a whole, were sufficiently particularised in the context of an investigation into potential revenue offences, such that they did not constitute invalid general warrants. The lack of specificity as to dates, places or suspects did not render the warrants invalid, given the investigation’s early stage and the nature of the alleged offences.
Court Disposition
application dismissed with costs
Orders
- ['The application be dismissed with costs.']
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment