House raids are occurring once again today accross Sydney. Under the #AntiMuslimLaws , warrants can be issued and executed upon mere suspicion. We highlighted this in the booklet we issued earlier. We reproduce how the authorities define suspicion in order to highlight how far and wide the net can be cast: In a number of places, the threshold for an offence has been reduced to “suspicion”, this has been described in the explanatory memorandum as a “fleeting suspicion”. Also, the memorandum quotes: “more than a mere idle wondering whether it exists or not; it is a positive feeling of actual apprehension or mistrust, amounting to a slight opinion, but without sufficient evidence...Consequently, a reason to suspect that a fact exists is more than a reason to consider or look into the possibility of its existence.” (Kitto J in Queensland Bacon Pty Ltd v Rees (1966) 115 CLR 266 at 303 - quoted in George v Rockett (1990) 170 CLR 104).
Posted on: Thu, 18 Dec 2014 12:14:56 +0000
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