Mackenzie v The Queen

Case [2004] WASCA 146


MACKENZIE -v- THE QUEEN [2004] WASCA 146



SUPREME COURT OF WESTERN AUSTRALIACitation No:[2004] WASCA 146
COURT OF CRIMINAL APPEAL
Case No:CCA:49/20032 FEBRUARY 2004
Coram:MALCOLM CJ
WHEELER J
MCLURE J
2/07/04
29Judgment Part:1 of 1
Result: Appeals against conviction dismissed, Leave to appeal against sentence granted, Appeal against sentence dismissed
B
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Parties:ALEXANDER RONALD MACKENZIE
THE QUEEN

Catchwords:

Evidence
Confessions
Arrest and questioning
Whether detention unlawful
Discretion to exclude
Evidence
Confessions
Request for a lawyer
Unfairness
Voluntariness
Evidence
Confessions
Persistent importunity
Discretion to exclude
Sentencing
Principles governing

Legislation:

Nil

Case References:

De Jesus v The Queen (1986) 68 ALR 1
Driscoll v The Queen (1977) 137 CLR 517. ,
Harris v Samuels (1973) 5 SASR 439
Hoch v The Queen (1988) 165 CLR 292
Hough v Ah Sam (1912) 15 CLR 452
Lenthall v Curran [1933] SASR 248
McDermott v The King (1948) 76 CLR 501
Norton v The Queen (2001) 24 WAR 488
Pollard v The Queen (1992) 176 CLR 177
R v Allan [1977] Crim LR 163
R v Bailey [1958] SASR 301
R v Borsellino [1978] Qd R 507
R v Bradshaw (1978) 18 SASR 83
R v Collins (1976) 12 SASR 501
R v Dugan (1970) 92 WN (NSW) 767
R v Evans [1962] SASR 303
R v Hart [1979] Qd R 8. ,
R v Ireland (1970) 126 CLR 321
R v Ireland (No 1) [1970] SASR 416
R v Ragen (1964) 81 WN(Pt 1) (NSW) 572
R v Stafford (1976) 13 SASR 392
R v Swaffield (1998) 192 CLR 159
R v White (1976) 13 SASR 276
Salihos v The Queen (1987) 78 ALR 509
Sarek v The Queen [1982] VR 971
Sutton v The Queen (1984) 152 CLR 528
Williams v The Queen (1986) 161 CLR 278
Williams v The Queen (1996) 17 WAR 17

Hoy & Ors v The Queen [2002] WASCA 275
Kenneally v The Queen, unreported; SCt of WA; Library No 980284; 27 May 1998
Lee v The Queen (1950) 82 CLR 133
Pfennig v The Queen (1995) 182 CLR 461
R v Fernando (1997) 95 A Crim R 533
R v Mitchell (1994) 72 A Crim R 200

JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA TITLE OF COURT : COURT OF CRIMINAL APPEAL CITATION : MACKENZIE -v- THE QUEEN [2004] WASCA 146 CORAM : MALCOLM CJ
    WHEELER J
    MCLURE J
HEARD : 2 FEBRUARY 2004 DELIVERED : 2 JULY 2004 FILE NO/S : CCA 49 of 2003
    CCA 64 of 2003
BETWEEN : ALEXANDER RONALD MACKENZIE
    Appellant

    AND

    THE QUEEN
    Respondent


ON APPEAL FROM:

Jurisdiction : SUPREME COURT OF WESTERN AUSTRALIA

Coram : MILLER J

File Number : INS 121 OF 2002



Catchwords:

Evidence - Confessions - Arrest and questioning - Whether detention unlawful - Discretion to exclude




(Page 2)


Evidence - Confessions - Request for a lawyer - Unfairness - Voluntariness

Evidence - Confessions - Persistent importunity - Discretion to exclude

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Details
AGLC
Mackenzie v The Queen [2004] WASCA 146
Case
[2004] WASCA 146
Decision Date

CaseChat Overview and Summary

In the case of Mackenzie v The Queen, the appellant sought to challenge his conviction and sentence for drug-related offences. The primary legal issues before the court involved the admissibility of his confessions and the voluntariness of those statements, given the circumstances of his arrest and questioning. The appellant argued that his detention was unlawful and that his requests for a lawyer were ignored, which rendered his confessions inadmissible.

The court considered whether the appellant's detention was unlawful and whether his confessions were obtained unfairly. The court found that the detention was lawful and that the appellant's requests for a lawyer were not significant enough to render the confessions inadmissible. The court also examined the voluntariness of the confessions, noting that there was no persistent importunity or oppressive conduct that would render the confessions unreliable. The court exercised its discretion under relevant statutes to admit the evidence.

The court dismissed the appeal against the conviction, affirming that the evidence was properly admitted and sufficient for the conviction. The court also dismissed the appeal against the sentence, finding the sentence to be appropriate in the circumstances. However, the court granted leave to appeal against the sentence, indicating that while the sentence itself was not manifestly excessive, there was a possibility of a different outcome on appeal. Ultimately, the appeal against the sentence was also dismissed, affirming the original sentence.

Orders

Orders of the court

Appeals against conviction dismissed, Leave to appeal against sentence granted, Appeal against sentence 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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