Afp Case Study

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LLB101 - Assessment

The Facts

On the 7th of October 2010, the Australian Federal Police (AFP) received a tip off from the American Drug Enforcement Agency (DEA) that a ship containing narcotics had sailed from South America and was planning a rendezvous with an Australian vessel, the Mayhem of Eden, on the evening of the 8th of October 2010 , at an identified location off the coast of Australia.

In anticipation the AFP, in coalition with the Australian Customs and Border Protection Service, began covert surveillance flights over the area of the suspected rendezvous. On the night of the 8th of October 2010, one of those flights observed two vessels sailing toward each other from a distance of about 2 nautical miles. The next morning another …show more content…
Golding was seen to place one of the bags in the back seat of the car before sitting in the passenger seat. The other bag was put in the boot of the car. Golding and Triplett drove away, but Elfar walked back into the shopping centre, where he was arrested a short time later.

The Corolla was intercepted by the AFP on the same day at about 12.20pm who arrested the three men and searched the car without a warrant. The duffel bag in the boot of the car was cut open by an AFP officer and was found to contain blocks of cocaine. A warrant to search the car was obtained at around 5.50pm and the car was removed to police headquarters where it was later searched. After a period of four days, the second duffel bag was removed and also found to contain blocks of cocaine.

Having found cocaine in the Corolla, members of the AFP Operational Response Group were dispatched to the Scarborough Marina. On arrival, the officers entered the Mayhem without a warrant and by force. They conducted a ‘walk through’ in which the vessel was not searched and nothing was removed. Not long after the forced entry to the Mayhem, a key was obtained from the Elfar by the arresting officers and transported to the Scarborough …show more content…
Later that day, after a warrant was obtained, the AFP searched the vessel and found drugs in the same type of packages as had been found in the Corolla. 251.6 Kilograms of cocaine were found on the Mayhem and a further 45 Kilograms in the Corolla.

The Edelweiss was boarded by the AFP and custom officers on the 13th of October 2010, outside Australian territorial waters. The two men on board, identified as Sanders and Serna, were detained and the vessel towed back to Australia. Interviews were conducted with both men on their arrival in Brisbane. Sanders refused to answer questions, however Serner was interviewed and made extensive admissions. The AFP and customs officers found food items on board the Edelweiss of a kind which matched those found on the Mayhem.

Grounds for appeal

The applicants sought leave to appeal on the grounds that their sentences were ‘manifestly excessive’ and did not ‘reflect the principle of parity’.

GOTTERSON JA: Concurred with the orders proposed by Justice Morrison and his reasoning.

MORRISON JA
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