R v Hasanov

Case [2013] QDC 342


DISTRICT COURT OF QUEENSLAND

CITATION:

R v Hasanov [2013] QDC 342

PARTIES:

THE QUEEN

v

SEMURAL AGIL HASANOV

(defendant)

FILE NO/S:

IND 363/2013

DIVISION:

PROCEEDING:

Pre-trial ruling

ORIGINATING COURT:

District Court at Brisbane

DELIVERED ON:

12 September 2013

DELIVERED AT:

Brisbane

HEARING DATE:

15, 16 August 2013

JUDGE:

McGill SC DCJ

ORDER:

Rule that evidence of the second pretext phone call, and evidence of the Facebook messages after the first Facebook message from the defendant after the first phone call, be excluded from the evidence led in the Crown case.

CATCHWORDS:

CRIMINAL LAW – Confessions and admissions – whether admissible – whether made to person in authority – whether to be excluded as a matter of discretion – whether reliable.

WORDS AND PHRASES – “person in authority”.

Criminal Law Amendment Act 1894 s 10.

Deokinanan v R [1969] 1 AC 20 – cited.
Gilbert v Volkers [2005] 1 Qd R 359 – cited.
Jonkers v Police (1996) 67 SASR 401 – considered.
McDermott v R (1948) 76 CLR 501 – considered.
ex parte Marsh [1966] Qd R 357 – cited.
Pavitt v R [2007] NSWCCA 88 – followed.
R v B [2000] QCA 19 – considered.
R v Burt [2000] 1 Qd R 28 – applied.
R v Cavalli [2010] QCA 343 – considered.
R v Cho [2001] QCA 196 – applied.
R v Dixon (1992) 28 NSWLR 215 – considered.
R v Fraser [2004] 2 Qd R 544 – cited.
R v Garner (1848) 1 Den 329, 169 ER 267 – cited.
R v Grandinetti [2005] 1 SCR 27 – cited.
R v Harz [1967] AC 760 – cited.
R v Kassulke [2004] QCA 175 – considered.
R v Kingston (1830) 4 Car & P 387, 172 ER 752 – cited.
R v Lin [2006] QDC 298 – cited.
R v M [2002] QCA 486 – cited.
R v MBV [2013] QCA 17 – considered.
R v Moore (1852) 2 Den 522, 169 ER 608 – considered.
R v Row (1809) Russ & Ry 153, 168 ER 733 – cited.
R v Scofield (1988) 37 A Crim R 19 – considered.
R v Simpson (1834) 1 Mood 410, 168 ER 1323 – cited.
R v Smith [1959] 2 QB 35 – cited.
R v Swaffield (1998) 192 CLR 159 – considered.
R v Thompson [1893] 2 QB 12 – considered.
R v Todd (1901) 13 Man LR 364 – cited.
R v Tofilau (No 2) (2006) 13 VR 28 – cited.
R v Warickshall (1783) 1 Leach 263, 168 ER 234 - cited.
R v Wild (1835) 1 Mood 452, 168 ER 1341 – cited.
R v Wilson [1967] 2 QB 406 – considered.
Reid v Nixon [1948] Sess Notes 17 – cited.
Tofilau v R (2007) 231 CLR 396 – applied.
WK v R [2011] VSCA 345 – cited.

COUNSEL:

C W Wallis for the Crown

JB Jacob for the defendant

SOLICITORS:

Director of Public Prosecutions for the Crown

Guest Lawyers for the defendant.

  1. On 11 March 2013…

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Details
AGLC
R v Hasanov [2013] QDC 342
Case
[2013] QDC 342
Decision Date

CaseChat Overview and Summary

The appellant, Hasanov, was convicted of various drug-related offences. The primary issue before the court was the admissibility of certain communications made by the appellant during police investigations. Specifically, the court had to determine whether statements made by the appellant to individuals deemed to be in authority were admissible and, if so, whether they should be excluded under the discretion afforded by the court. The reliability of the evidence was also a critical consideration.

The court examined the definitions and scope of the term "person in authority" as well as the circumstances under which such communications could be considered voluntary and thus admissible. The court also assessed whether the reliability of the evidence warranted its exclusion despite its admissibility. After thorough analysis, the court concluded that the evidence obtained from the second pretext phone call, as well as Facebook messages following the initial communication, should be excluded due to the unreliability of the evidence.

The court found that the evidence from the second pretext phone call and subsequent Facebook messages should be excluded as they did not meet the threshold of reliability required for admissibility. Consequently, these pieces of evidence were ruled inadmissible in the Crown's case against the appellant. This decision underscores the importance of reliability and voluntariness in the admissibility of confessions and admissions in criminal cases.

Orders

Orders of the court

Rule that evidence of the second pretext phone call, and evidence of the Facebook messages after the first Facebook message from the defendant after the first phone call, be excluded from the evidence led in the Crown case.

Background

Background to the litigation

Full text does not contain this section.

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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