SEARCH WARRANTS - Validity - Where search warrant granted to search premises in relation to an offence of threatening injury or detriment to a person believing that such person will be or may be called as a witness in judicial proceedings - Whether judicial proceedings are required to be on foot in order for such offence to be made out - Whether search warrant invalid
SEARCH WARRANTS - Validity - Whether reasons stated in the application for a search warrant were truthful - Where Court was invited to conclude that the stated reasons were a "cover" for another undisclosed reason - Where no such proposition was put to the applicant for the search warrant when cross examined - Breach of the rule in Browne v Dunn - Where evidence did not support the proposition that the warrant was issued for a reason other than that stated in the application
STATUTORY INTERPRETATION - general principles to be applied
Case Details
Citation[2014] NSWSC 1191
CourtNSWSC
JurisdictionNew South Wales
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