Karout v Stratton & Ors [2008] NSWCA 237

Karout v Stratton & Ors [2008] NSWCA 237

Given the technical nature of the irregularities in execution of the warrants, and the availability of a discretion under s 138 of the Evidence Act for admission of any resulting evidence, it is a matter properly for the Magistrate, and not appropriate for leave to appeal to be granted.

Parties
Applicant: Kaldon Karout; First Respondent: Constable Matthew Stratton; Second Respondent: James Wiseman; Third Respondent: Rory Evans
Jurisdiction
Australia
Judgment Date
17 September 2008
Procedural Posture
Application for Leave to Appeal / Court of Appeal, Application for Leave to Appeal
Outcome
Summons for leave to appeal dismissed with costs.
Legal Topics
Irregular Execution of Warrants, Admission of Illegally Obtained Evidence, Police Procedure
Criminal Law Evidence Irregular Execution of Warrants Admission of Illegally Obtained Evidence Police Procedure

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Parties

Kaldon Karout

Applicant

Constable Matthew Stratton

First Respondent

James Wiseman

Second Respondent

Rory Evans

Third Respondent

Procedural Posture

Application for Leave to Appeal / Court of Appeal, Application for Leave to Appeal

Legal Issues

  1. 1 Whether leave to appeal should be granted in relation to the execution of two warrants
  2. 2 Whether technical irregularities in execution of a search warrant impact admissibility of evidence
  3. 3 Whether an incomplete Notice to Occupiers invalidates execution of a warrant or evidence obtained

Ratio Decidendi

Given the technical nature of the irregularities in execution of the warrants, and the availability of a discretion under s 138 of the Evidence Act for admission of any resulting evidence, it is a matter properly for the Magistrate, and not appropriate for leave to appeal to be granted.

Court Disposition

Summons for leave to appeal dismissed with costs.

Orders

  • The summons for leave to appeal is dismissed with costs.