Dubbo lovers accused of breaking and entering into multiple homes, where they allegedly stole Christmas presents, a sex toy, bank cards, jewellery and other items, have failed in their bid to have the items deemed inadmissible evidence.
Krystal May Carr, 29, and Robert Charles Taylor, 38, sat in Dubbo Local Court last week and watched as police officers were forced to explain every step they took to locate the stolen property last year.
With help from their legal representatives, the pair tried to get Magistrate Theresa Hamilton to exclude the property from being used as evidence against them in future court appearances.
Court documents reveal that police allege on December 11 a Dubbo resident reported suspicious activity on Pinehurst Avenue. A woman was seen driving a white Toyota Camry with three male passengers who allegedly came out of a house with items, a witness told police.
I don't think any evidence that was obtained can be excluded.Magistrate Theresa Hamilton.
The vehicle was later found by police at an Aldrin Avenue property where Ms Carr and Mr Taylor were found.
When police knocked two men were inside the property with Ms Carr and Mr Taylor. Police told Ms Carr and Mr Taylor the car in the driveway was thought to be involved in break and enters.
Police said the indicated they were seizing the car and ordered a tow truck.
Ms Carr was seen leaving the house, along with two other men, police said in court. They believed Mr Taylor was still inside the house, the court heard.
Several officers said they heard a dog barking, thought someone may have been in danger and jumped the fence to enter the backyard. Magistrate Theresa Hamilton said their actions amounted to trespassing on private property. Police found stolen property dumped over the back fence when they went into the yard.
At the front of the house, several officers said they heard footsteps and thought people were inside the house. The front door was kicked in and a search was conducted which uncovered stolen items belonging to victims of various break and enters.
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Magistrate Hamilton said police should not have kicked the door in and made genuine minor mistakes, which included failure to give Ms Carr a notice that explained what was happening at the property.
But despite those findings, the magistrate ruled the evidence was likely to be important.
"I don't think any evidence that was obtained can be excluded," she ruled.
The cases return to court on July 26 and both of the accused have pleaded not guilty.