[2001] TASSC 146
CITATION: Marlow and Kelly v R [2001] TASSC 146
PARTIES: MARLOW, Michael John
KELLY, Shane Leslie
v
R
TITLE OF COURT: COURT OF CRIMINAL APPEAL (TAS)
JURISDICTION: APPELLATE
FILE NO/S: CCA 30/2001
CCA 32/2001
DELIVERED ON: 19 December 2001
DELIVERED AT: Hobart
HEARING DATES: 29 - 31 October, 1 November 2001
JUDGMENT OF: Underwood, Slicer and Evans JJ
CATCHWORDS:
Criminal Law - Evidence - Relevance - Generally - Whether evidence of accused's out of court statement constituted an admission.
Pollitt v R (1992) 174 CLR 558, applied.
Aust Dig Criminal Law [418]
Criminal Law - Jurisdiction, practice and procedure - Information, indictment or presentment - Joinder - Joint or separate trial - Effect of embarrassment or prejudice - Evidence inadmissible against only one of two accused.
R v Harbach (1973) 6 SASR 427; R v Collie, Kranz and Lovegrove (1991) 56 SASR 302; Leaman v R 9/1987; R v Demirok [1976] VR 244, followed.
R v Webb (1994) 122 ALR 41, applied.
Aust Dig Criminal Law [726]
Criminal Law - Evidence - Evidentiary matters relating to witnesses and accused persons - Corroboration - Warning required or advisable - Other cases - Meaning of "prison informer".
Pollitt v R (1992) 174 CLR 558, applied.
Aust Dig Criminal Law [585]
Criminal Law - Appeal and new trial and inquiry after conviction - Appeal and new trial - Objections and points not raised in court below - Improper admission or rejection of evidence - General principles - Counsel made tactical decision at trial not to seek exclusion on basis of discretion - Ordinarily accused is bound by decisions of counsel in conduct of trial.
R v Birks (1990) 19 NSWLR 677; R v Ignjatic (1993) 68 A Crim R 333, followed.
Crampton v R (2000) 176 ALR 369, applied.
Listening Devices Act1991 (Tas), ss3(1), 5, 14(1).
Aust Dig Criminal Law [938]
Statutes - Acts of Parliament - Rules of construction - Words to be given literal and grammatical meaning.
Criminal Law (Detention and Interrogation) Act1995 (Tas), s8(2).
Aust Dig Statutes [17]
REPRESENTATION:
Counsel:
Appellant Marlow: W M Hodgman QC
Appellant Kelly: K B Procter SC
Crown: D G Coates and K J Rheinberger
Solicitors:
Appellant Marlow: Piggott Wood & Baker
Appellant Kelly: Wallace Wilkinson & Webster
Crown: Director of Public Prosecutions
Judgment Number: [2001] TASSC 146
Number of Paragraphs: 166
Serial No 146/2001
File Nos CCA 30/200132/2001
MICHAEL JOHN MARLOW and SHANE LESLIE KELLY v THE QUEEN
REASONS FOR JUDGMENT UNDERWOOD J
SLICER J
EVANS J
19 December 2001
Order of the Court
Appeal dismissed.
Serial No 146/2001
File Nos CCA 30/200132/2001
MICHAEL JOHN MARLOW and SHANE LESLIE KELLY v THE QUEEN
REASONS FOR JUDGMENT UNDERWOOD J
19 December 2001
Introduction
By an indictment dated 19 December 2000, the appellants Marlow and Kelly, and one Gary Williams, were jointly indicted for the murder of Tony Tanner on 23 November 1990. The trial commenced on 19 February 2001…
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