Victorian Reports - Authoritative Law Reports Since 1870

DIRECTOR OF PUBLIC PROSECUTIONS v OSMAN (a pseudonym)

|Priest, Taylor and Boyce JJA

76 VR 232

DIRECTOR OF PUBLIC PROSECUTIONS v OSMAN (a pseudonym) Court of AppealPriest, Taylor and Boyce JJA 16, 19 September 2024[2024] VSCA 210Criminal law — Interlocutory appeal — Evidence — Disclosure of location information — Whether authorised by law — Whether evidence improperly or illegally obtained — Telecommunications (Interception and Access) Act 1979 (Cth), s 180 — Telecommunications Act 1997 (Cth), s 276.The police conducted a search of a vehicle driven by the accused after its location was provided by a telecommunications service provider and disclosed by police in response to a request for assistance by investigators. The respondent argued the evidence seized in the search was obtained in contravention of s 276 of the Telecommunications Act 1997 (Cth) (TA) in circumstances where ss 180(2)1 and (4)2 of the Telecommunications (Interception and Access) Act 1979 (Cth) (TIA Act) did not permit its disclosure.

In a pre-trial ruling, a judge of the County Court ruled that the location information obtained by police was obtained in contravention of the law. Accordingly, the evidence obtained consequently on the contravention was excluded under s 138 of the Evidence Act 2008. The applicant brought an interlocutory appeal challenging the correctness of this ruling.

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76 VR 232

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