happyguppy
Bluelighter
- Joined
- Dec 3, 2003
- Messages
- 72
by way of background.........
some of you may be aware that in nsw in 2001 a local court magistrate held that the use of sniffer dogs to identify drugs constituted an unlawful search. the case has been appealed several times, from both parties, and below is the link to the latest update in the plight of mr darcy ...........
http://smh.com.au/articles/2004/11/28/1101577355043.html?oneclick=true
the court of appeal has not found in mr darcy's favour (don't be fooled by the first two paragraphs!) it's likely that mr darcy will appeal to the high court. in order to have standing to bring a case to to the high court, special leave must be granted. that basically means that the high court must decide if the legal issue on appeal is significant to the public. i understand that this case was set up as a test case with the intention of going to the high court, so it's expected that leave will be granted and mr darcy will embark on round four. a decision from the high court will directly affect the rest of the country.
the judgment isn't available on line you but i'll post a link when it is. i'm reluctant to provide any more commentary at this stage because i haven't read the full judgment.
so yet again, we wait patiently for change..........
some of you may be aware that in nsw in 2001 a local court magistrate held that the use of sniffer dogs to identify drugs constituted an unlawful search. the case has been appealed several times, from both parties, and below is the link to the latest update in the plight of mr darcy ...........
http://smh.com.au/articles/2004/11/28/1101577355043.html?oneclick=true
the court of appeal has not found in mr darcy's favour (don't be fooled by the first two paragraphs!) it's likely that mr darcy will appeal to the high court. in order to have standing to bring a case to to the high court, special leave must be granted. that basically means that the high court must decide if the legal issue on appeal is significant to the public. i understand that this case was set up as a test case with the intention of going to the high court, so it's expected that leave will be granted and mr darcy will embark on round four. a decision from the high court will directly affect the rest of the country.
the judgment isn't available on line you but i'll post a link when it is. i'm reluctant to provide any more commentary at this stage because i haven't read the full judgment.
so yet again, we wait patiently for change..........