The DPP v Kaba appeal in the Supreme Court overturns magistrate Duncan Reynolds’ 2013 ruling that police do not have an “unfettered” right to randomly stop and check vehicles.
Judge Bell, in the Victorian Supreme Court quashed the decision of Magistrate Reynolds ruling that he committed an error of law when he decided in June last year, that section 59(1) of the road safety act did not give police an unfettered right to stop motorists.
Judge Bell did, however, agree with Magistrate Reynolds that coercive questioning by police in an effort to request name and address of a person who is stopped, can constitute a breach of the common law and Charter rights to freedom of movement and privacy (and in the Kaba v Watson case, did constitute breaches of Mr Kaba’s rights and was unlawful).
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