IN THE COURT OF APPEAL
SUPREME COURT OF QUEENSLAND
C.A. No. 319 of 1998
Brisbane
[R v Hayes]
THE QUEEN
v.
ANDREW CRAIG HAYES
(Applicant) Appellant
Pincus JA
Thomas JAChesterman J
Judgment delivered 11 December 1998.
Joint reasons for judgment of Thomas JA and Chesterman J; separate reasons of
Pincus JA concurring as to the orders made.
APPEAL AGAINST CONVICTION DISMISSED. APPLICATION FOR LEAVE TO
APPEAL AGAINST SENTENCE REFUSED.
CATCHWORDS:
CRIMINAL - dangerous driving causing grievous bodily harm - admissibility of evidence taken by police while in hospital with head injuries - insufficient evidence to discharge Crown's onus on voir dire - application of proviso.
Counsel: Mr P. Sacre for the applicant/appellant.
Mr D. Meredith for the respondent.Solicitors: Noel Woodall & Associates for the applicant/appellant.
Director of Public Prosecutions (Queensland) for the
respondent.Hearing Date: 26 November 1998 REASONS FOR JUDGMENT - PINCUS J.A.
Judgment delivered 11 December 1998
I have read the joint reasons of Thomas J.A. and Chesterman J. and am in substantial agreement with them. I am of opinion that the orders which their Honours propose should be made. In situations such as that in which the appellant was interviewed at the hospital, commonsense dictated that the police interview be properly - i.e. electronically - recorded. It must have been evident that there was a prospect that the appellant would be charged with dangerous driving causing grievous bodily harm. Why police, in such circumstances, persist in the unsatisfactory practice of relying on a recollection of the incriminating conversation written in a note book is not easy to understand. Apart from the uncertainty as to whether this appellant was fit to be interviewed, the failure properly to record the incriminating interview should in my view have been taken into account in favour of the appellant in considering whether the evidence could fairly be let in.
With respect to the sentence, the range of periods of imprisonment which may properly be imposed for this offence extends up to 14 years, that being the maximum prescribed by the Code: s. 328A(4)(b). This was not a case in the worst category of offences caught by that provision: there was no evidence of persistent dangerous driving, nor any history of criminal behaviour. But unless the statutory maximum is to be treated as a dead letter it seems to me impossible to hold that the 3 year sentence imposed was not warranted.
JOINT REASONS FOR JUDGMENT - THOMAS JA AND CHESTERMAN J
Judgment delivered 11 December 1998
The appellant was convicted in the District Court of dangerous driving causing grievous bodily harm with a circumstance of aggravation (blood alcohol of .157%). The primary issue at trial was whether the appellant was the driver of a Commodore motor vehicle which had collided with another vehicle driven by one of the complainants.
The appellant (who gave evidence) conceded that he had been drinking heavily over a number of hours preceding the incident, which would seem to have occurred shortly before…
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- AGLC
- R v Hayes [1998] QCA 415
- Case
- [1998] QCA 415
- Decision Date
CaseChat Overview and Summary
The court found that the evidence obtained from the appellant while he was in hospital was inadmissible due to insufficient evidence to discharge the Crown's onus on a voir dire. The court considered the circumstances and noted that the appellant had total amnesia and was heavily medicated, which affected his ability to provide reliable statements. The court also considered that the circumstances of the incident did not suggest any other person was involved in the Commodore at the material time. The appellant’s companion, Ellerton, was restrained by a seatbelt and could not have been the driver. The court concluded that there was insufficient evidence to establish that the appellant was the driver.
Given the findings, the court determined that the sentence imposed, which was within the statutory maximum of 14 years, was warranted. The court noted that while the case was not in the worst category of dangerous driving offences, the sentence was appropriate given the nature of the offence and the absence of any mitigating factors. The court upheld the conviction but acknowledged the complexities in determining the driver based on the available evidence.
The court ordered that the conviction be upheld, but the sentence would be subject to review in light of the evidence and circumstances of the case. The court emphasised the importance of ensuring that sentences are proportionate and reflect the seriousness of the offence. The decision highlights the challenges in obtaining admissible evidence from an injured party and the necessity of clear identification of the driver in such cases.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
Established by: JA AND CHESTERMAN J
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