Australian Law (Rights) on COCO v THE QUEEN

Why was the evidence obtained illegal?

• The police did not have permission from a judge to fit the audio device.

• The police broke into Coco's house to fit the device without a warrant to get inside.

• Coco found the audio device and tampered with it.

• Coco said it was.

What is Common law?

• A list of rules that apply to common people, not the police, judges, etc.

• A body of legal rules that have been made by judges as they issue rulings on cases.

• Broad law on every subject.

• Queensland law.

How did common law enforce human rights in Coco's case?

• It defended Coco's right to personal privacy.

• It prevented the judge from using the illegally collected evidence.

• It stopped the police in Coco's household from accusing him.

• It forced the police to shut down the case.

After it was found that the evidence breached privacy laws, Coco's initial conviction was (a)  

What was wrong with Coco's evidence?

• It did not have any incriminating evidence on the audio tape.

• The audio tape had a bug that rendered the evidence not usable.

• The audio recorded was obtained illegally without permission.

• Coco didn't like it.

What act outlines the abilities of Australian police?

• The Law Enforcement Act 1991 (Cth)

• Australian Federal Police Act 1979 (Cth)

• Commonweath Police Act 1984 (Cth)

• Australian Agencies Act 1950 (Cth)

What act was used to argue a breach of privacy in Coco's case?

• Australian Citizens Privacy Act 2001 (Cth)

• Rights to Privacy Act 2001 (Qld)

• Invasion of Privacy Act 1971 (Qld)

• A simple - "I would rather my privacy not be breached thanks"

Why is COCO v THE QUEEN good precedent for privacy?

• It enforces privacy against personal information.

• It outlines the ability of law enforcers to gather information - without breaching privacy laws.

• It created new law around requiring grants for gathering information.

• The gov. went ooh I like that case lets use it

"It is a fundamental common law right of a person in possession of a premises to (a)   others from those premises."

For approval of fitting a listening device, a judge must consider: (tick all that apply)

• The gravity of the matter investigated;

• The extent to which the privacy of any person is likely to be interfered with;

• The extent to which the prevention or detection of the offence in question is likely to be assisted;

• The extent to which a trespass would have to be committed to obtain information relating to the offence;