Reasonable Belief
Believe on grounds that are reasonable under the circumstances: Sch 6 Police Powers and Responsibilities Act 2000 (Qld).
'[T]he assent of belief is given on more slender evidence than proof. Belief is an inclination of the mind towards assenting to, rather than rejecting, a proposition': George v Rockett (1990) 170 CLR 104.
'[T]he assent of belief is given on more slender evidence than proof. Belief is an inclination of the mind towards assenting to, rather than rejecting, a proposition': George v Rockett (1990) 170 CLR 104.
Reasonable Suspicion
Suspects on grounds that are reasonable under the circumstances: Sch 6 Police Powers and Responsibilities Act 2000 (Qld).
'A suspicion that something exists is 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.
Case examples of reasonable suspicion:
* Nguyen v Elliot (1995) VSC 754: related to whether officer's had reasonable suspicion to conduct a warrantless search of a person. Suspicion here not reasonable.
* Frost v Commissioner of Police [2014] QDC 294: related to whether an officer had reasonable suspicion to arrest according to s 365(1) Police Powers and Responsibilities Act 2000 (Qld). Suspicion here was reasonable.
* Dobbs v Ward [2003] 1 Qd R 158: related to whether a justice had reasonable grounds for suspecting evidence of the commission of an offence would be at a property when issuing a search warrant. Suspicion found not to be reasonable in relation to some items of property, but to be reasonable for others.
* R v Koning [2001] QSC 131: Police searched motel room without a warrant. Here reasonable suspicion found on information received from informant that accused looked drug affected, that there were a number of people coming and going from the room, there were containers in the room that the informant believed contained chemicals and police did a criminal history check of the accused and he had past drug offences. However, entry here was not found to be reasonably necessary.
'A suspicion that something exists is 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.
Case examples of reasonable suspicion:
* Nguyen v Elliot (1995) VSC 754: related to whether officer's had reasonable suspicion to conduct a warrantless search of a person. Suspicion here not reasonable.
* Frost v Commissioner of Police [2014] QDC 294: related to whether an officer had reasonable suspicion to arrest according to s 365(1) Police Powers and Responsibilities Act 2000 (Qld). Suspicion here was reasonable.
* Dobbs v Ward [2003] 1 Qd R 158: related to whether a justice had reasonable grounds for suspecting evidence of the commission of an offence would be at a property when issuing a search warrant. Suspicion found not to be reasonable in relation to some items of property, but to be reasonable for others.
* R v Koning [2001] QSC 131: Police searched motel room without a warrant. Here reasonable suspicion found on information received from informant that accused looked drug affected, that there were a number of people coming and going from the room, there were containers in the room that the informant believed contained chemicals and police did a criminal history check of the accused and he had past drug offences. However, entry here was not found to be reasonably necessary.
No Standard
Discretion must be exercised in accordance with 'the scope and object of the statute': Barton v The Queen (1980) 147 CLR 75.
Reasonableness
Is an objective standard, based on the circumstances of the case (i.e. what was known at the time). Considerations may include credibility of the informant, proximity to offending, behaviour of a suspect, criminal history of an accused, conflicting facts.
Hearsay can be relied upon to establish reasonableness, but a mere order from a superior will not be enough: Bulsey v State of Queensland [2015] QCA 187, confirming the approach in O'Hara v Chief Constable of the RUC [1997] AC 286.
Is an objective standard, based on the circumstances of the case (i.e. what was known at the time). Considerations may include credibility of the informant, proximity to offending, behaviour of a suspect, criminal history of an accused, conflicting facts.
Hearsay can be relied upon to establish reasonableness, but a mere order from a superior will not be enough: Bulsey v State of Queensland [2015] QCA 187, confirming the approach in O'Hara v Chief Constable of the RUC [1997] AC 286.