Douglas v Blackler [2001] NSWSC 901

Douglas v Blackler [2001] NSWSC 901

The failure of the search warrant to specify the offence being investigated, as required by common law, renders the warrant invalid and entitles the plaintiff to have it quashed, irrespective of compliance with statutory forms.

Jurisdiction
Australia
Judgment Date
16 October 2001
Procedural Posture
Application for Judicial Review / Declaration / Judgment
Outcome
Declaration granted; Warrant invalid and quashed
Legal Topics
['search Warrants' 'invalidity of Warrants' 'requirement to Specify Offence' 'telephone Warrants']
['criminal Law' 'administrative Law'] ['search Warrants' 'invalidity of Warrants' 'requirement to Specify Offence' 'telephone Warrants']

Case Brief

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Procedural Posture

Application for Judicial Review / Declaration / Judgment

Legal Issues

  1. 1 ['Whether a search warrant granted under the Search Warrants Act 1985 must specify the offence to which it relates' 'Whether the failure to specify the offence invalidates the search warrant, even if the warrant complies with the prescribed statutory form' 'Whether different requirements apply to telephone search warrants']

Ratio Decidendi

The failure of the search warrant to specify the offence being investigated, as required by common law, renders the warrant invalid and entitles the plaintiff to have it quashed, irrespective of compliance with statutory forms.

Court Disposition

Declaration granted; Warrant invalid and quashed

Orders

  • ['A declaration that the Search Warrant No. 258/97 granted by the Second Defendant on 14 June 1997 is invalid and of no effect.' 'An order that the Search Warrant No. 258/97 granted by the Second Defendant on 14 June 1997, be quashed.']