REGINA v EID & ORS [1999] NSWCCA 59

REGINA v EID & ORS [1999] NSWCCA 59

The warrant was invalid as it was issued to investigate conduct that, due to the invalidity of the Business Franchise Licences (Tobacco) Act 1987, was not criminal, thus the evidence obtained under the warrant was inadmissible and the interlocutory judgment of validity was erroneous.

Parties
Crown: Director of Public Prosecutions; Appellant: Tawfic Awadi; Appellant: Nasrat Eid; Appellant: Mahmoud El-Chami
Jurisdiction
Australia
Judgment Date
04 March 1999
Procedural Posture
Criminal Appeal / Appeal From Ruling on Validity of Evidence/warrant During Committal Proceedings
Outcome
Appeal allowed
Legal Topics
Listening Device Warrants, Invalidity of Statute, Evidence Admissibility, Interlocutory Appeals, Conspiracy to Defraud
Criminal Law Constitutional Law Criminal Procedure Listening Device Warrants Invalidity of Statute Evidence Admissibility Interlocutory Appeals Conspiracy to Defraud

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Parties

Director of Public Prosecutions

Crown

Tawfic Awadi

Appellant

Nasrat Eid

Appellant

Mahmoud El-Chami

Appellant

Procedural Posture

Criminal Appeal / Appeal From Ruling on Validity of Evidence/warrant During Committal Proceedings

Legal Issues

  1. 1 Whether the listening device warrant was valid given reliance on an unconstitutional statute
  2. 2 Whether evidence recorded under invalid warrant is admissible
  3. 3 Whether the magistrate's decision was an interlocutory judgment subject to appeal

Ratio Decidendi

The warrant was invalid as it was issued to investigate conduct that, due to the invalidity of the Business Franchise Licences (Tobacco) Act 1987, was not criminal, thus the evidence obtained under the warrant was inadmissible and the interlocutory judgment of validity was erroneous.

Court Disposition

Appeal allowed

Orders

  • The warrants 91A and 91B were declared invalid.
  • Matter remitted to the learned Magistrate to be determined in accordance with the orders of the Court.