SUPREME COURT OF QUEENSLAND
CITATION:
R v Bennetts [2017] QSC 181 ; [2017] QSCPR 3
PARTIES:
THE QUEEN
v
Brenden Jacob BENNETTS(applicant)
FILE NO/S:
No 1432 of 2016
DIVISION:
Trial Division
PROCEEDING:
590AA pre-trial hearing
ORIGINATING COURT:
Supreme Court at Brisbane
DELIVERED ON:
30 August 2017
DELIVERED AT:
Brisbane
HEARING DATE:
21-24 August 2017
JUDGE:
Ann Lyons J
ORDERS:
1. The application to exclude the statement and police record of interview on 18 August 2015 is refused.
2. The field tape of the search on 19 August 2015 from 5.14 pm to 7.25 pm is excluded.
3. The application to exclude the police record of interview on 19 August 2015 from 8.25 pm to 9.58 pm is refused.
4. The police record of interview on 21 August 2015 from 7.54 pm to 8.36 pm is excluded.
5. The Facebook messages between the applicant and Ms Dillan Gilmore sent on 13 August 2015 are excluded.
6. The application to exclude the Facebook messages between the applicant and Ms Dillan Gilmore sent on 15 August 2015 is refused.
CATCHWORDS:
CRIMINAL LAW – EVIDENCE – JUDICIAL DISCRETION TO ADMIT OR EXCLUDE EVIDENCE – ILLEGALLY OBTAINED EVIDENCE – GENERALLY – where the applicant is charged with one count of murder and one count of interfering with a corpse – where the applicant submits that a police interview commenced in breach of ss 418(1) and 431(1) of the Police Powers and Responsibilities Act 2000 (Qld) because at the time he was a suspect not a witness – where the applicant applies pursuant to s 590AA(2)(e) of the Criminal Code to exclude the record of interview on the basis of illegality –whether the evidence was illegally obtained – whether the evidence should be excluded
CRIMINAL LAW – EVIDENCE – JUDICIAL DISCRETION TO ADMIT OR EXCLUDE EVIDENCE – ILLEGALLY OBTAINED EVIDENCE – GENERALLY – where the applicant is charged with one count of murder and one count of interfering with a corpse – where the applicant was arrested after 5 pm on a Friday in a small town – where the applicant submits that the subsequent police interview commenced in breach of ss 418(2) and 431(3) of the Police Powers and Responsibilities Act 2000 – where the applicant applies pursuant to s 590AA(2)(e) of the Criminal Code to exclude the record of interview on the basis of illegality – whether the evidence was obtained illegally – whether the evidence should be excluded
CRIMINAL LAW – EVIDENCE – CONFESSIONS AND ADMISSIONS – STATEMENTS – VOLUNTARY STATEMENTS – VOLUNTARINESS – GENERALLY – where the applicant is charged with one count of murder and one count of interfering with a corpse – where the applicant submits he was subjected to undue pressure during police questioning – where the applicant applies pursuant to s 590AA(2)(e) of the Criminal Code to exclude police records of interview on the grounds of lack of voluntariness - whether an admission against interest was made voluntarily - whether the evidence should be excluded
CRIMINAL LAW…
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- AGLC
- R v Bennetts [2017] QSC 181
- Case
- [2017] QSC 181
- Decision Date
CaseChat Overview and Summary
The legal issues before the court included whether the police interview of the applicant, who was arrested in a small town after 5 pm on a Friday, complied with ss 418(2) and 431(3) of the Police Powers and Responsibilities Act 2000. The applicant argued that the interview was conducted illegally as he was considered a suspect rather than a witness at the time. Additionally, the applicant claimed that the statements made during the interviews were not voluntary due to alleged undue pressure from the police. The court also had to determine if the evidence was unfairly obtained, given the applicant's claims of pressure and disbelief by the police during the interviews.
The court found that the police interview on 18 August 2015 was not illegal, and therefore the application to exclude the statement and record of interview on that date was refused. However, the field tape of the search on 19 August 2015 from 5.14 pm to 7.25 pm was excluded as it was considered unfair to admit. The police record of interview on 19 August 2015 from 8.25 pm to 9.58 pm was not found to be obtained illegally or unfairly, and the application to exclude it was refused. The police record of interview on 21 August 2015 from 7.54 pm to 8.36 pm was excluded due to concerns over its fairness. Facebook messages between the applicant and Ms Dillan Gilmore sent on 13 August 2015 were excluded, while the application to exclude messages sent on 15 August 2015 was refused.
The final orders of the court included the refusal to exclude the statement and police record of interview on 18 August 2015, the exclusion of the field tape of the search on 19 August 2015 from 5.14 pm to 7.25 pm, the refusal to exclude the police record of interview on 19 August 2015 from 8.25 pm to 9.58 pm, the exclusion of the police record of interview on 21 August 2015 from 7.54 pm to 8.36 pm, the exclusion of Facebook messages between the applicant and Ms Dillan Gilmore sent on 13 August 2015, and the refusal to exclude Facebook messages sent on 15 August 2015.
Orders
Orders of the court
1. The application to exclude the statement and police record of interview on 18 August 2015 is refused.
2. The field tape of the search on 19 August 2015 from 5.14 pm to 7.25 pm is excluded.
3. The application to exclude the police record of interview on 19 August 2015 from 8.25 pm to 9.58 pm is refused.
4. The police record of interview on 21 August 2015 from 7.54 pm to 8.36 pm is excluded.
5. The Facebook messages between the applicant and Ms Dillan Gilmore sent on 13 August 2015 are excluded.
6. The application to exclude the Facebook messages between the applicant and Ms Dillan Gilmore sent on 15 August 2015 is refused.
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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