Published 01 October 2019
Legality of police search — whether evidence properly obtained — cultivating cannabis — possession of cannabis — possession of utensils — reasonable belief in risk to life and safety of person — emergency response — Evidence Act 2006, s 30 — Search and Surveillance Act 2012, s 14. The defendant faced charges of cultivating cannabis, possession of cannabis and possession of utensils. The charges came about when police entered his property in the belief that there was a domestic dispute victim inside, who was at risk from the defendant. When searching the house the police noticed cannabis plants growing inside. The defendant submitted that the police had no reason to enter his property, the search was illegal and the charges should be dismissed. The police countered by arguing that they entered the address because they had reasonable ground to believe that the life or safety of a person was at risk so the entry was allowed by s 14 (2)(b) of the Search and Surveillance Act. The Court agreed that the police had reason to believe that a person's safety was at risk, therefore their entry to the property was allowed. The Court added that even if this conclusion was wrong, it considered that the evidence could still be allowed via s 30 of the Evidence Act. The nature of the impropriety was low and committed in the belief that a person's safety was at risk. The Court found that the charges relating to cultivating cannabis and possession of cannabis plant were proved, but dismissed the charge of possession of utensils. Judgment Date: 8 August 2018.
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