Regina v Minh Quoc Le [2005] NSWCCA 40

Regina v Minh Quoc Le [2005] NSWCCA 40

Constable Gewargis had reasonable suspicion, based on surrounding circumstances, to lawfully detain and search the appellant under s357E of the Crimes Act 1900; even if the arrest was unlawful, it did not affect the lawfulness of the detention and search, and thus the evidence was properly admitted.

Jurisdiction
Australia
Judgment Date
18 February 2005
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Outcome
appeal dismissed
Legal Topics
['power of Arrest' 'lawfulness of Arrest' 'unlawfully Obtained Evidence' 'power of Detention and Search']
['criminal Law'] ['power of Arrest' 'lawfulness of Arrest' 'unlawfully Obtained Evidence' 'power of Detention and Search']

Case Brief

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Procedural Posture

Criminal Appeal / Appeal Against Conviction

Legal Issues

  1. 1 ['Whether the arrest of the appellant was lawful' 'Whether the search of the appellant was lawful' 'Whether evidence was unlawfully obtained']

Ratio Decidendi

Constable Gewargis had reasonable suspicion, based on surrounding circumstances, to lawfully detain and search the appellant under s357E of the Crimes Act 1900; even if the arrest was unlawful, it did not affect the lawfulness of the detention and search, and thus the evidence was properly admitted.

Court Disposition

appeal dismissed

Orders

  • []