The accused applied for a review of a detention order under section 520 of the Criminal Code.
The accused was charged with instructing a criminal organization and drug trafficking offences, with the Crown's case relying heavily on evidence obtained from an encrypted mobile device.
The reviewing judge found the Justice of the Peace committed errors in principle by making logically inconsistent findings between the primary and secondary grounds, and by failing to adequately consider the impact of a section 8 Charter argument on the strength of the Crown's case.
Furthermore, late disclosure revealing that police searched the device without a warrant and failed to obtain an extension for its detention constituted a material change in circumstances.
The detention order was vacated and the accused was released on strict conditions with substantial sureties.
