28 Jul 2023
Leave to appeal was granted because the issues concerning whether the photographic evidence was improperly obtained and whether it was nonetheless admissible under s 30 raise questions of law and fact warranting determination by this Court.
17 Oct 2018
The stop was lawful because a genuine LTA purpose (service of a demerit points suspension notice) arose before the stop; however a short continued detention after the identity particulars were checked was unlawful. Despite that brief unlawful detention the evidence seized was admissible under s30 because the impropriety was minor, police acted without bad faith, and the evidence was highly probative. The knife conviction was supported by fingerprint evidence together with proximity and plain view and therefore possession was established. The sentencing starting point for ammunition-only posse…
16 Nov 2010
Leave to appeal was dismissed because the Court was not satisfied that it was in the interests of justice to grant leave: there was no point of general or public importance and no appearance of miscarriage of justice, and the Court of Appeal had properly and conventionally applied s 30 to the facts.