SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
Case Title: | R v Eastman (No 50) |
Citation: | [2018] ACTSC 321 |
Hearing Date: | 12 November 2018 |
DecisionDate: | 13 November 2018 |
ReasonsDate: | 5 December 2018 |
Before: | Kellam AJ |
Decision: | That the jury should be given a direction that they need to be satisfied beyond reasonable doubt that words recorded on covert listening devices were admissions by the accused to the murder of Mr Winchester and that those admissions were truthful. |
Catchwords: | CRIMINAL LAW – PRACTICE AND PROCEDURE – Directions to jury – Need for trial judge to give direction pursuant to Burns v The Queen (1975) 132 CLR 258 (‘Burns direction’) where prosecution relies on confession or admission - jury must be satisfied beyond reasonable doubt that confession or admission of guilt to crime made by accused and that confession or admission truthful – Burns direction given in this matter although not required to be given in every circumstance |
Cases Cited: | Burns v The Queen (1975) 132 CLR 258 Butera v Director of Public Prosecutions (Vic) (1987) 164 CLR 180 Magill v The Queen [2013] VSCA 259; 42 VR 616 R v Brooks [1999] VSCA 5; 103 A Crim R 234 R v Franklin [2001] VSCA 79; 3 VR 9 R v Green [2002] VSCA 34; 4 VR 471 R v Kotzmann [1999] VSCA 27; 2 VR 123 |
Parties: | The Queen (Crown) David Harold Eastman (Accused) |
Representation: | Counsel Mr M Thangaraj SC, Ms M Campbell and Mr K Lee (Crown) Mr G Georgiou SC, Mr M Stanton and Ms L Line (Accused) |
| Solicitors ACT Director of Public Prosecution (Crown) ACT Legal Aid Office (Accused) | |
File Number: | SCC 111 of 1992 |
Kellam AJ:
By letter dated 7 November 2018 and on the fourth day of my summing‑up to the jury the defence submitted that a ‘full Burns direction’ (i.e. Burns v The Queen (1975) 132 CLR 258 (‘Burns’)) should be given to the jury in respect of alleged admissions made by the accused on listening device recordings. The matter came on for oral argument on 12 November 2018.
On the morning of 13 November 2018 I ruled that I would direct the jury in accordance with Burns that before they could use the alleged admissions as evidence of the guilt of the accused, they would be required to be satisfied beyond reasonable doubt that the words they were satisfied could be heard on the recordings in question did amount to an admission of guilt by the accused to the murder of Mr Winchester and furthermore, that the admission in question was true. I stated at that time that I would provide reasons for that ruling in writing in due course.
In Burns the only evidence against the accused, Mr Burns, was a confession that he had allegedly made to police. The trial judge in…
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- R v Eastman (No 50) [2018] ACTSC 321
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- [2018] ACTSC 321
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CaseChat Overview and Summary
The court considered whether the Burns direction was necessary in every instance where a confession or admission was recorded covertly. It ultimately determined that while the direction might not be required in every circumstance, it was appropriate in this case to ensure the jury understood the necessity of being convinced beyond reasonable doubt that the words recorded were indeed admissions by the accused and were truthful. This was crucial to safeguard against the risk of convicting an accused based on unreliable or misunderstood recordings. The court held that the trial judge should have given such a direction to the jury to properly evaluate the evidence against the accused.
In light of the above, the court concluded that the jury needed to be directed that they must be satisfied beyond reasonable doubt that the words recorded on the covert listening devices were admissions by the accused to the murder of Mr Winchester and that those admissions were truthful. The court emphasised the importance of ensuring the reliability and credibility of any evidence derived from covert surveillance, particularly when it forms the basis of a confession or admission. The court's decision underscores the need for clear and precise jury directions to avoid any potential miscarriage of justice.
Orders
Orders of the court
That the jury should be given a direction that they need to be satisfied beyond reasonable doubt that words recorded on covert listening devices were admissions by the accused to the murder of Mr Winchester and that those admissions were truthful.
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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