Corbett v R [1932] HCA 36
[1932] HCA 36
At a glance
Source factsCourt
High Court of Australia
Decision date
1932-07-01
Source
Original judgment source is linked above.
Judgment (7 paragraphs)
McMaster, who was called as a witness, said that the description ,,,
" principal officer at Campsie " applied to him. There is no evidence that the owner or her agent communicated with that officer on the question of refraining from executing the warrant. Inspector McMaster also said that it was approximately about three-quarters of an hour after the police came to the cottage to execute the warrant that he " formally handed over to Mrs. McDonald" and that " the warrant was then executed." It appears that the agent, Mrs. McDonald, who is alleged to have countermanded the warrant which required and authorized the police to enter the premises and to give her possession of them, was present on the scene when the warrant was executed and thereupon accepted the possession of the premises from the police. Inspector McMaster said that when he formally handed over the premises to her, the warrant was executed.