› whether unlawfully obtained evidence was properly admitted under s 138 of the Evidence Act 1995 (NSW)
› vehicle stopped by police on grounds that were found not to be reasonable
› before search of vehicle or occupants commenced passenger dropped prohibited drugs on ground
› whether dropping of drugs irrelevant consideration in determining whether illegally obtained evidence ought be admitted
Justices
› latitude to be given to reasons given ex tempore
› no opportunity to remove infelicities of expression
› whether phrase “benefit of the doubt” indicated that Magistrate applied criminal standard of proof to determination whether contravention was deliberate or reckless
Case Details
Citation[2015] NSWSC 304
CourtNSWSC
JurisdictionNew South Wales
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