Review of the Police Powers (Drug Premises) Act 2001 - NSW ...
Review of the Police Powers (Drug Premises) Act 2001 - NSW ...
Review of the Police Powers (Drug Premises) Act 2001 - NSW ...
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5.7.3. Non-domestic drug premises – Greater Metropolitan Region<br />
Of <strong>the</strong> 42 drug premises in <strong>the</strong> Greater Metropolitan Region (excluding Cabramatta), one appeared to be non-domestic. This premises<br />
was described in an event narrative in <strong>the</strong> following way:<br />
The premises itself is a two bedroom granny- flat at <strong>the</strong> rear <strong>of</strong> <strong>the</strong> main premises. Inside police observed that <strong>the</strong> flat had no<br />
furniture, no cooking utensils, no fridge or washing machine, no food in any <strong>of</strong> <strong>the</strong> rooms. One double bed size mattress was seen<br />
to be on <strong>the</strong> floor <strong>of</strong> <strong>the</strong> main bedroom…<br />
Situated on <strong>the</strong> floor in front <strong>of</strong> <strong>the</strong> mattress in <strong>the</strong> main bedroom was a small paine <strong>of</strong> glass placed horizontally over a small plastic<br />
stool. Strategically positioned on <strong>the</strong> paine <strong>of</strong> glass were small piles <strong>of</strong> <strong>of</strong>f-white powder, believed to be heroin. Beside <strong>the</strong> stool<br />
were numerous assorted coloured water balloons, In <strong>the</strong> same area <strong>the</strong>re was also a number <strong>of</strong> water balloons rolled in small<br />
balls…<br />
In <strong>the</strong> front bedroom where <strong>the</strong> mattress and <strong>the</strong> paine <strong>of</strong> glass were located. There was also a small electric heater, a television, a<br />
video player, and a number <strong>of</strong> videos on a small stand. Apart from <strong>the</strong>se <strong>the</strong>re was no o<strong>the</strong>r furniture inside this room. 391<br />
<strong>Police</strong> did not note <strong>the</strong> presence <strong>of</strong> any security measures in this instance. <strong>Police</strong> seized 120 grams <strong>of</strong> heroin, 28 grams <strong>of</strong> cannabis and<br />
a total <strong>of</strong> $1590 from <strong>the</strong> four people found on <strong>the</strong> premises. Two <strong>of</strong> <strong>the</strong> men were charged with being found on drug premises and with<br />
several supply <strong>of</strong>fences, and two were charged with supply <strong>of</strong>fences and with goods in custody. 392<br />
5.7.4. Non-domestic fortified drug premises - Inner Metropolitan Region<br />
There were two non-domestic drug premises in this region. These premises also had various security measures that were noted by police.<br />
One premises, a unit, had a security grill covered in gauze on <strong>the</strong> front door, with a small hole cut into <strong>the</strong> mesh near <strong>the</strong> door handle, and<br />
police had received information that drugs are passed through <strong>the</strong> hole in <strong>the</strong> gauze. 393 There was also a solid wooden door behind <strong>the</strong><br />
security grill. 394 While <strong>the</strong> unit had some furnishings, including a two-seater lounge, television and a play station, according to police, it<br />
did not “appear to be lived in on a regular basis”. 395 A police scanner was also found sitting on a c<strong>of</strong>fee table in <strong>the</strong> lounge room. <strong>Police</strong><br />
reported that, in <strong>the</strong> kitchen, <strong>the</strong>re was some canned foods and cereal that looked like <strong>the</strong>y had been <strong>the</strong>re for a while, no fresh food in <strong>the</strong><br />
cupboards or <strong>the</strong> refrigerator, and a bong on a shelf in one <strong>of</strong> <strong>the</strong> kitchen cupboards. 396<br />
A second drug premises in <strong>the</strong> Inner Metropolitan Region was also identified as non-domestic and secured. The house was described in<br />
<strong>the</strong> event narrative as follows:<br />
<strong>Police</strong> observations <strong>of</strong> <strong>the</strong> premises were that metal grill doors were on <strong>the</strong> front and rear. The house itself had little or no furnishings<br />
at all. There was little or no food. [Defendant’s name] is unemployed and has been so for some period <strong>of</strong> time. Two <strong>of</strong> <strong>the</strong> persons<br />
present at <strong>the</strong> time <strong>the</strong> warrant was executed admitted attending <strong>the</strong> premises solely to possess/use prohibited drugs. The drugs,<br />
scales, plastic resealable bags and [defendant’s name] admission to supplying drugs all lead <strong>Police</strong> to allege that <strong>the</strong> premises<br />
were being utilised as a drug house. 397<br />
5.7.5. Non-domestic drug premises - Sou<strong>the</strong>rn Region<br />
Only one drug premises in <strong>the</strong> Sou<strong>the</strong>rn Region appeared to be non-domestic.<br />
<strong>Police</strong> arrived at this premises and found six people, four <strong>of</strong> whom fled, but were chased and apprehended. When police searched <strong>the</strong><br />
premises, <strong>of</strong>ficers found syringes and swabs, $625, and 3.58 grams <strong>of</strong> amphetamines on one person. Quantities <strong>of</strong> money ranging<br />
between $230 and about $340 were found on o<strong>the</strong>r people who had been in <strong>the</strong> house. 398 No security measures or surveillance devices<br />
were noted in relation to <strong>the</strong> premises. In <strong>the</strong> event narrative, police concluded:<br />
The <strong>Drug</strong> premises Warrant was executed where evidence was found to support <strong>the</strong> declaration <strong>of</strong> <strong>the</strong> premises to be a “drug<br />
house”. The premises was devoid <strong>of</strong> all furniture, <strong>the</strong>re was evidence <strong>of</strong> drug use, with numerous syringes and swabs apparent.<br />
One <strong>of</strong> <strong>the</strong> persons also arrested on <strong>the</strong> premises was found in possession <strong>of</strong> prohibited drugs and cash. 399<br />
391 COPS event narrative 1, Greater Metropolitan Region, <strong>Drug</strong> <strong>Premises</strong> Incident 23.<br />
392 Ibid.<br />
393 COPS event narrative 2, Inner Metropolitan Region, <strong>Drug</strong> <strong>Premises</strong> Incident 6.<br />
394 Ibid.<br />
395 <strong>Police</strong> statement, Inner Metropolitan Region, <strong>Drug</strong> <strong>Premises</strong> Incident 6.<br />
396 Ibid.<br />
397 COPS event narrative, Inner Metropolitan Region, <strong>Drug</strong> <strong>Premises</strong> Incident 16.<br />
398 COPS event narratives, Sou<strong>the</strong>rn Region, <strong>Drug</strong> <strong>Premises</strong> Incident 7. <strong>Police</strong> found $323.30 on <strong>the</strong> o<strong>the</strong>r person on <strong>the</strong> premises.<br />
399 COPS event narrative 1, Sou<strong>the</strong>rn Region, <strong>Drug</strong> <strong>Premises</strong> Incident 7.<br />
76<br />
<strong>NSW</strong> Ombudsman<br />
<strong>Review</strong> <strong>of</strong> <strong>the</strong> <strong>Police</strong> <strong>Powers</strong> (<strong>Drug</strong> <strong>Premises</strong>) <strong>Act</strong> <strong>2001</strong>