NSW Police v Manwarring [2022] NSWLC 24

NSW Police v Manwarring [2022] NSWLC 24

The search warrant was obtained by police without a valid basis as the alleged fraud offence did not amount to a searchable offence, and police used it as a ruse to investigate drug offences. Evidence of cannabis found and seized was obtained in consequence of an impropriety and contravention of relevant statutory provisions. The desirability of admission does not outweigh the undesirability, given the deliberate, egregious, and reckless conduct by police.

Jurisdiction
Australia
Judgment Date
26 April 2022
Procedural Posture
Criminal / Decision on Admissibility of Evidence
Outcome
Evidence excluded
Legal Topics
['cultivate Cannabis' 'search Warrant' 'exclusion of Evidence' 'impropriety and Contravention' 'law Enforcement (powers and Responsibilities) Act' 'evidence Act 1995' 'environmental Planning and Assessment Act']
['criminal Law' 'evidence Law'] ['cultivate Cannabis' 'search Warrant' 'exclusion of Evidence' 'impropriety and Contravention' 'law Enforcement (powers and Responsibilities) Act' 'evidence Act 1995' 'environmental Planning and Assessment Act']

Case Brief

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Procedural Posture

Criminal / Decision on Admissibility of Evidence

Legal Issues

  1. 1 ['Whether the search warrant was validly obtained' 'Whether evidence of cannabis seized following the execution of the search warrant was unlawfully or improperly obtained' 'Whether the desirability of admitting the evidence outweighs the undesirability given the impropriety']

Ratio Decidendi

The search warrant was obtained by police without a valid basis as the alleged fraud offence did not amount to a searchable offence, and police used it as a ruse to investigate drug offences. Evidence of cannabis found and seized was obtained in consequence of an impropriety and contravention of relevant statutory provisions. The desirability of admission does not outweigh the undesirability, given the deliberate, egregious, and reckless conduct by police.

Court Disposition

Evidence excluded

Orders

  • ['The evidence obtained as a consequence of the search is excluded.']