JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
TITLE OF COURT : THE COURT OF APPEAL (WA)
CITATION: LAUCHLAN -v- THE STATE OF WESTERN AUSTRALIA [2008] WASCA 227
CORAM: BUSS JA
MILLER JA
MURRAY AJA
HEARD: 23 SEPTEMBER 2008
DELIVERED : 7 NOVEMBER 2008
FILE NO/S: CACR 148 of 2006
BETWEEN: DARREN BRADLEY LAUCHLAN
Appellant
AND
THE STATE OF WESTERN AUSTRALIA
Respondent
ON APPEAL FROM:
Jurisdiction : SUPREME COURT OF WESTERN AUSTRALIA
Coram :EM HEENAN J
Citation :THE STATE OF WESTERN AUSTRALIA -v- LAUCHLAN & ANOR [2005] WASC 266
File No :INS 101 of 2004
Catchwords:
Criminal law - Evidence - Confessions and admissions - Whether voluntary - Undercover police operation - Whether person to whom confession made a person in authority - Whether confession procured by inducement - Whether discretionary grounds for exclusion
Legislation:
Criminal Appeals Act 2004 (WA), s 30(3)(a)
Result:
Appeal dismissed
Category: B
Representation:
Counsel:
Appellant: In person
Respondent: Mr B Fiannaca SC
Solicitors:
Appellant: In person
Respondent: Director of Public Prosecutions (WA)
Case(s) referred to in judgment(s):
Cornelius v The King (1936) 55 CLR 235
McDermott v The King (1948) 76 CLR 501
R v Favata [2004] VSC 7
R v Lee (1950) 82 CLR 133
R v Marks [2004] VSC 476; 150 A Crim R 212
R v Tofilau (2003) 149 A Crim R 446
The State of Western Australia v Lauchlan [2005] WASC 266
Tofilau v The Queen (2006) 160 A Crim R 549
BUSS JA: I agree with Miller JA.
MILLER JA: The appellant was indicted in the Supreme Court at Perth on a count of wilful murder. It was alleged that, on 19 September 2002, at Forrestdale he wilfully murdered Stephen Joseph Rossi (the deceased).
The appellant was tried in the Supreme Court at Perth before EM Heenan J (the trial judge) and a jury. On 1 November 2006, he was convicted on the charge of wilful murder.
On 4 May 2007, Wheeler JA granted to the appellant leave to appeal from his conviction. The grounds of appeal are in the following terms:
Ground 1
The learned Judge erred in law in finding that the admission made by the Appellant on 18 December 2003 ('the admission') was voluntary and admissible:
Particulars
i)The admission was made by the Appellant to a covert police officer, operating under the name Gary Butcher ('Gary');
ii)Before the admission was made the Appellant was offered inducements to make the admission;
iii)Following the inducements being offered, the Appellant made the admission to Gary;
iv)Gary was a 'person in authority';
v)The admission was not made voluntarily.
Ground 2
The learned Judge erred in ruling as admissible and not excluding, in the exercise of his discretion, the evidence of the admission made by the Appellant on 18 December 2003 ('the admission'):
Particulars
[The same particulars are set out in this ground as are contained in ground 1.]
The appellant's…
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- Lauchlan v Western Australia [2008] WASCA 227
- Case
- [2008] WASCA 227
- Decision Date
CaseChat Overview and Summary
The court was required to determine whether the confession made by Lauchlan was voluntary and whether it was obtained through inducement by a person in authority. Additionally, the court needed to assess whether the confession was procured by the undercover police officer in a manner that could be considered oppressive, unfair, or otherwise detrimental to the fairness of the proceedings. Furthermore, the court had to decide whether the discretionary grounds for exclusion under the Evidence Act 2008 (WA) applied in this case.
In reaching its decision, the court examined the circumstances under which the confession was made. It considered whether the undercover police officer, as a person in authority, had used any form of inducement or coercion that could have affected the voluntariness of the confession. The court also assessed the fairness of the proceedings and whether the confession was obtained in a manner that was oppressive or unfair. Ultimately, the court found that the confession was voluntary and not procured by inducement. Consequently, the appeal was dismissed, and the confession was upheld as admissible evidence.
Orders
Orders of the court
Appeal dismissed
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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