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Aboriginal Law Bulletin |
In the Appeal of Keith Patrick (“Corky”) Wilson
NSW District Court, Judge Shadbolt
14 November 1985
Casenote by Allan Robinson
Appellant's car was followed by police and, after a passenger was seen leaving it in a hurry, searched by them. Appellant objected to the search and closed car door upon officer, although without great force and causing no injury. He was charged with assault. Officer gave evidence that he thought there could be drugs in the car because of the hurried exit by the passenger.
His Honour held that a general suspicion is not enough to bring s.357E Crimes Act, which allows searches of vehicles, into play.
He said that:
Once these constables were acting in excess of their duty, what followed was not an assault on the police officers in the execution of their duty, and certainly would not be a common assault, because there is no evidence the force used was unreasonable or moved beyond merely an attempt by the appellant to safeguard his property from search.
E. Wilson (WALS) for Appellant Dempsey for Crown