← All Authorities
Australia search warrantssection 75vinjunction

Smethurst v Commissioner of Police

(2020) 272 CLR 177
JurisdictionAustralia
CourtHigh Court of Australia
Year2020
StatusBinding authority

Key Principle

A search warrant is invalid if it fails adequately to identify, or substantially misstates, the offence to which it relates, because that prevents the executing officers and the occupier from knowing the lawful scope of the search; but unlawfulness in obtaining material does not automatically entitle the subject to a mandatory injunction requiring its return or destruction.

Area of Law

criminal

Related Cases

Pell v The Queen (2020) 268 CLR 123
De Silva v The Queen (2019) 268 CLR 57
Lordianto v Commissioner of the Australian Federal Police Lordianto v Commissioner of the Australian Federal Police (2019) 266 CLR 1; [2019] HCA 39

Ask CommonBench about this case

Get a detailed analysis of Smethurst v Commissioner of Police and how it applies to your situation.

Explain Smethurst v Commissioner of Po...