Police v Nicole Heuston [2019] NSWLC 7

The search warrant was invalid as the defect in the description of premises affected the substance of the warrant in a material particular, and evidence obtained pursuant to its execution was improperly obtained and excluded under s 138 of the Evidence Act 1995.

Jurisdiction: Australia
Judgment Date: 26 September 2019
Procedural Posture: Criminal / Interlocutory Judgment Following Voir Dire on Objection to Admissibility of Evidence
Outcome: Search warrant invalid; evidence excluded under s 138 of Evidence Act 1995.
Legal Topics: ['exclusion of Evidence' 'validity of Search Warrant' 'improperly or Illegally Obtained Evidence' 'mis Description of Premises' 'discretion Under Evidence Act 1995 S 138']

['criminal Law' 'evidence'] ['exclusion of Evidence' 'validity of Search Warrant' 'improperly or Illegally Obtained Evidence' 'mis Description of Premises' 'discretion Under Evidence Act 1995 S 138']

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Procedural Posture

Criminal / Interlocutory Judgment Following Voir Dire on Objection to Admissibility of Evidence

Legal Issues

1 ["Whether the search warrant authorising police to search the accused's premises was valid" 'Whether evidence obtained pursuant to the invalid warrant should be excluded under s 138 of the Evidence Act 1995']

Ratio Decidendi

Court Disposition

Search warrant invalid; evidence excluded under s 138 of Evidence Act 1995.

Orders

['The search warrant is invalid.' 'The evidence seized pursuant to the search warrant is excluded under section 138 of the Evidence Act 1995.']