R v Blake

Case [2021] NSWDC 536


District Court


New South Wales

Medium Neutral Citation: R v BLAKE [2021] NSWDC 536
Hearing dates: 29 July 2021
Date of orders: 27 August 2021
Decision date: 27 August 2021
Jurisdiction:Criminal
Before: Lerve DCJ
Decision:

The content of the ERISP after question and answer 56 is rejected;

Admissions made by the accused to Ms Kathleen Beeby on 27 October are admitted; and

Any trial to be conducted by judge alone pursuant to s 365 of the Criminal Procedure Act.

Catchwords:

CRIME – driving occasioning death – fail to stop and give assistance

EVIDENCE – admissibility of ERISP – police had been informed of accused’s acquired brain injury but not passed on information – – whether interview was voluntary - manner of questioning inappropriate for accused’s level of understanding – whether a vulnerable person under LEPRA – reliability of admissions

EVIDENCE – admissibility of evidence of admissions made to another - difference between an exchange to people well known to each other and official questioning – opinion

TRIAL PROCEDURE – application for trial by judge alone – complex evidence – additional accommodations more efficiently met by judge alone trial – not an issue of community values

Legislation Cited:

Crimes Act, 1900

Criminal Procedure Act, 1986

Evidence Act, 1995

Law Enforcement (Powers and Responsibilities) Regulation 2016

Cases Cited:

Em v The Queen (2007) 239 CLR 204; [2007] HCA46

Haines v R [2018] NSWCCA 269

R v Pitts (No. 1) (2012) 229 A Crim R 387; [2012] NSWSC 1652

R v Ye Zhang [2000] NSWSC 1099

Redman v R [2015] NSWCCA 110

Regina v BD (No. 1) (Judge alone application) [2020] NSWDC 150

Severino v R [2017] NSWCCA 80

Category:Procedural rulings
Parties: Regina
David Edward BLAKE
Representation: Counsel:
Ms V Morgan, for the Director of Public Prosecutions
Mr M Dennis SC , for the Accused
File Number(s): 2019/346950
Publication restriction: No.

Judgment

Reasons for decision as to admissibility of admissions

  1. The accused is charged with one count on an indictment, namely that he:

"On the 26th day of October 2019 in Lloyd in the State of New South Wales, did drive a vehicle, namely, a Toyota Camry with the New South Wales registration number TC 749 on a road, namely, Red Hill Road, when it was involved in an impact occasioning death to Malcolm Hackett, and at the time David Edward Blake ought to reasonably have known that the impact had occasioned death and subsequently did fail to stop and give necessary assistance within his power to give, contrary to s 52AB(1) of the Crimes Act, 1900.

  1. It is my understanding that the Crown relies substantially on admissions. The bulk of those admissions are contained in a very lengthy (in total 3 hours 20 minutes) record of interview conducted by Senior Constable Powell on 27 October 2019. The other admissions were to Kathleen Beeby, the wife of the accused's employer. The accused challenges the admissibility of the admissions made to the police and to…

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Details
AGLC
R v Blake [2021] NSWDC 536
Case
[2021] NSWDC 536
Decision Date

CaseChat Overview and Summary

In the case of R v Blake, the defendant was charged with driving occasioning death and failing to stop and give assistance. The matter was heard in a court of law, where the primary issues revolved around the admissibility of evidence and the voluntariness of the accused's statements, given his acquired brain injury. The court had to determine whether the police interview was voluntary and whether the manner of questioning was appropriate for the accused’s level of understanding. Additionally, the court considered whether the accused was a vulnerable person under the Law Enforcement (Powers and Responsibilities) Act 2002 (LEPRA) and the reliability of his admissions.

The court found that the content of the evidence recorded after question and answer 56 should be rejected due to the inappropriate manner of questioning. However, admissions made by the accused to Ms Kathleen Beeby on 27 October were deemed admissible. The court also ruled that the trial should be conducted by a judge alone, pursuant to section 365 of the Criminal Procedure Act, due to the complex nature of the evidence and the need for additional accommodations that would be more efficiently managed by a judge alone trial.

The final orders included rejecting the content of the ERISP after question and answer 56, admitting admissions made by the accused to Ms Kathleen Beeby on 27 October, and stipulating that any trial should be conducted by a judge alone. This decision underscores the importance of considering the accused's level of understanding and the appropriateness of the questioning techniques used during police interviews.

Orders

Orders of the court

The content of the ERISP after question and answer 56 is rejected;

Admissions made by the accused to Ms Kathleen Beeby on 27 October are admitted; and

Any trial to be conducted by judge alone pursuant to s 365 of the Criminal Procedure Act.

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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