Question 1

On a dark evening, householders in Bling Road, Paradise City, called police to report that a suspicious person was checking out houses in the street. The callers were unable to provide a physical description of the person.

Officers Joe and Sally went to Bling Road. They noticed several pedestrians at different points in the street: an old man, a young woman, a young man of neat appearance, and a young man of scruffy appearance. They decided to stop and search the young man of scruffy appearance. Sally conducted a 'pat-down' search and discovered a jemmie (a short crowbar of a type often used in burglaries) in one of his trouser pockets. The young man identified himself as Jai, a twenty year-old who lived in an apartment a few kilometers away.

Jai was arrested and held in a police cell. There had been a spate of burglaries in the area. Officers Joe and Sally therefore decided to get a warrant to search Jai's apartment to see whether any proceeds of the burglaries could be found. Officer Joe asked Magistrate Fred to issue the warrant. Fred readily agreed. The warrant said:

"To the principal Police Officer in the State and to all the Police Officers in the State:

You are hereby authorised to enter the apartment of Jai Youngman at 10/44 Rough Road, Capital City, and there search for proceeds of offences."

The apartment was searched and property obtained from various burglaries was found.

Jai was brought to trial on this charge:

"On dates between 1 January 2022 and 30 June 2022, Jai Youngman committed offences of breaking and entering in Capital City."

1. Would the evidence obtained from the search of Jai in Bling Road be admitted at the trial?
2. Would the evidence obtained from the search of Jai's apartment be admitted at the trial?
3. Were there any defects in the form of the charge?