R v Harman

Case [2015] QDC 239


DISTRICT COURT OF QUEENSLAND

CITATION:

R v Harman [2015] QDC 239

PARTIES:

THE QUEEN

v

GARRY PETER HARMAN
(defendant/applicant)

FILE NO/S:

D989/15

DIVISION:

Criminal

PROCEEDING:

Pre-trial application pursuant to section 590AA

DELIVERED ON:

18 September 2015 (Order)

24 September 2015 (Reasons)

DELIVERED AT:

District Court at Brisbane

HEARING DATE:

10 and 18 September 2015

JUDGE:

Long SC DCJ

ORDER:

The application is dismissed.

CATCHWORDS:

CRIMINAL LAW – EVIDENCE – ADMISSIONS –  VOLUNTARINESS  –  where applicant seeks exclusion of evidence in the form of a field tape recording and assertions made to police officers at the scene of an arson investigation – whether on the balance of probabilities the admissions upon which reliance is sought to be placed were made voluntarily having regard to the state of intoxication of the applicant at the time

CRIMINAL LAW – EVIDENCE – ADMISSIONS –  DISCRETIONARY EXCLUSION  –  whether the court should exercise its discretion to exclude any of the evidence, having regard to the public policy considerations identified in Bunning v Cross or any unfairness in the in the use of the evidence against the applicant such as to warrant exclusion of it

Evidence Act 1977 s 130

Police Powers and Responsibilities Act 2000 s 415 and s 423

Bunning v Cross (1978) 141 CLR 54

Duke v R (1989) 180 CLR 508

Police v Dunstall [2015] HCA 26

R v Batchelor [2003] QCA 246

R v Lee (1950) 82 CLR 133

R v LR [2006] 1 Qd R 435

R v Sica [2012] QSC 5

R v Swaffield (1998) 192 CLR 159

Sinclair v The King (1946) 73 CLR 316

State of Western Australia v Sillich [2011] WASCA 135

Van der Meerv R (1988) 62 ALJR 656

COUNSEL:

J Crawford for the appellant

PJ McCarthy for the respondent

SOLICITORS

Richard Gray & Associates for the appellant

Office of the Director of Public Prosecutions for the respondent

Introduction

  1. On 10 September 2015, the Court heard the application made by the applicant for a pre-trial ruling that evidence in the form of a recorded “field interview” on 28 September 2014 be excluded in the applicant’s forthcoming trial in relation to a charge of arson and which was then listed in the week commencing 21 September 2015.  There was a secondary aspect to the application which sought the editing from the record of a subsequent formal interview, conducted with the applicant on 29 September 2014, of all references to the earlier field interview.  That secondary aspect of the application was not separately opposed, in the sense that the respondent conceded that, if the primary application succeeded, the editing that was sought should also occur.

  1. On 10 September 2015, the application was only pursued in respect of the recorded field interview and the relevant evidence was placed before the Court in the form of written statements (including transcripts of both the field and formal interviews) and a disc containing the recording of the field interview.

  1. After the parties were advised of an intention to give a…

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R v Harman [2015] QDC 239
Case
[2015] QDC 239
Decision Date

CaseChat Overview and Summary

The case of R v Harman involved the respondent, who was accused of arson, and the applicant, who sought to exclude certain evidence from the trial. This evidence included a field tape recording and statements made to police officers at the scene of the arson. The primary issue before the court was whether these admissions could be considered voluntary and therefore admissible, given the applicant's state of intoxication at the time of making them. Additionally, the court needed to determine whether the evidence should be excluded under the discretionary powers outlined in Bunning v Cross, considering the public policy implications and any perceived unfairness in using the evidence against the applicant.

The court examined the voluntariness of the admissions by assessing the applicant's level of intoxication and the circumstances under which the statements were made. It considered whether the intoxication was so severe that it impaired the applicant's ability to make voluntary and informed admissions. The court also weighed the public policy considerations and the potential unfairness in using the evidence against the applicant, referencing Bunning v Cross to guide its discretion in excluding evidence. Ultimately, the court found that the admissions were voluntary and that there were no grounds for exclusion based on public policy or unfairness.

Consequently, the court dismissed the application to exclude the evidence. The reasoning was that the admissions were voluntary, and there were no overriding public policy reasons or significant unfairness to the applicant that would warrant the exclusion of the evidence. The court found that the evidence could be used against the applicant in the trial.

Orders

Orders of the court

The application is 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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