Police v Adrian Ping [2003] NSWLC 15

Police v Adrian Ping [2003] NSWLC 15

The unlawful conduct of the police officer in stopping and attempting to search Mr Ping was not the cause of Mr Ping's subsequent conduct amounting to intimidation and resisting police; there was no evidence the officer intended or expected such behaviour. Evidence of these offences was not 'obtained' in consequence of an impropriety and is admissible.

Jurisdiction
Australia
Judgment Date
17 December 2003
Procedural Posture
Criminal / Trial Judgment
Outcome
Evidence admitted; charge for 'refusing to submit to search' dismissed
Legal Topics
['search and Seizure' 'admissibility of Evidence' 'police Powers' 'summary Offences' 'exclusion of Evidence']
['criminal Law'] ['search and Seizure' 'admissibility of Evidence' 'police Powers' 'summary Offences' 'exclusion of Evidence']

Case Brief

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Procedural Posture

Criminal / Trial Judgment

Legal Issues

  1. 1 ['Whether the search and arrest of Adrian Ping was based on reasonable grounds as required by law' 'Whether evidence of further offences (intimidate police, resist police) committed after an allegedly unlawful or improper act by police is admissible or should be excluded under s138 Evidence Act' 'Whether the behaviour of Mr Ping was caused by the impropriety of the police conduct or was a voluntary and disproportionate response']

Ratio Decidendi

The unlawful conduct of the police officer in stopping and attempting to search Mr Ping was not the cause of Mr Ping's subsequent conduct amounting to intimidation and resisting police; there was no evidence the officer intended or expected such behaviour. Evidence of these offences was not 'obtained' in consequence of an impropriety and is admissible.

Court Disposition

Evidence admitted; charge for 'refusing to submit to search' dismissed

Orders

  • ['The information under section 28A of refusing to submit to the search was dismissed.' 'Evidence of intimidation and resisting police offences is admissible and not excluded under s138 Evidence Act.']