Regina v Loc Huu Phan [2003] NSWCCA 205

Regina v Loc Huu Phan [2003] NSWCCA 205

The trial judge erred in exercising discretion by giving undue weight to public policy considerations not relevant to the circumstances, where the police acted in good faith and their unlawful conduct was not a calculated disregard of the law; therefore, evidence obtained should have been admitted.

Parties
Appellant: Regina; Respondent: Loc Huu Phan
Jurisdiction
Australia
Judgment Date
24 July 2003
Procedural Posture
Criminal Appeal / Appeal Against Interlocutory Ruling Excluding Evidence
Outcome
appeal allowed; trial judge's ruling excluding evidence set aside
Legal Topics
Exclusion of Evidence, Unlawful Search, Discretion Under Evidence Act
Criminal Law Exclusion of Evidence Unlawful Search Discretion Under Evidence Act

Case Brief

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Parties

Regina

Appellant

Loc Huu Phan

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Interlocutory Ruling Excluding Evidence

Legal Issues

  1. 1 whether evidence obtained from an illegal search should be admitted under s138 of the Evidence Act
  2. 2 scope of 'all evidence flowing' from the unlawful search
  3. 3 proper exercise of discretion to admit or exclude illegally obtained evidence

Ratio Decidendi

The trial judge erred in exercising discretion by giving undue weight to public policy considerations not relevant to the circumstances, where the police acted in good faith and their unlawful conduct was not a calculated disregard of the law; therefore, evidence obtained should have been admitted.

Court Disposition

appeal allowed; trial judge's ruling excluding evidence set aside

Orders

  • His Honour's ruling is set aside.