A reasonable suspicion under s 357E of the Crimes Act 1900 (NSW) requires more than a possibility but less than a reasonable belief; there must be some factual basis with probative value, and the question is whether the information in the mind of the police officer at the time afforded reasonable grounds for the suspicion formed. When exercising the discretion under s 138 of the Evidence Act 1995 to admit improperly obtained evidence, the trial judge must consider the cumulative effect of all contraventions in the chain of causation, not merely individual contraventions in isolation. Detention warrant applications under Part 10A must contain accurate information addressing the mandatory requirements of s 356I(1), and the provision of inaccurate information or failure to complete mandatory sections may render the warrant invalid.
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