http://www.austlii.edu.au/au/cases/vic/VSCA/2011/355.html

CRIMINAL LAW – Appeal – Interlocutory appeal – Evidence obtained by investigating police in contravention of s 81 Drugs Poisons and Controlled Substances Act 1981 – Evidence obtained pursuant to search warrants – Affidavits in support of warrants – Affidavits signed but not sworn or affirmed – Evidence excluded – Section 138 Evidence Act 2008 – Whether discretion to exclude was wrongly exercised – Gravity of impropriety considered – State of mind of police officers – Whether contravention was deliberate, reckless or careless – Definition of reckless – Appeal dismissed.