SUPREME COURT OF QUEENSLAND
CITATION:
R v Healy [2014] QSC 236
PARTIES:
R
(respondent)v
HEALY, Shaun Daniel Joseph
(defendant/applicant)FILE NO/S:
No 449 of 2013
DIVISION:
Trial Division
PROCEEDING:
Applications under s 590AA Criminal Code 1899 (Qld) to
exclude expert evidence from being admitted at trial.
ORIGINATING COURT:
Supreme Court of Queensland
DELIVERED ON:
23 September 2014
DELIVERED AT:
Brisbane
HEARING DATE:
12 August 2014; 14 August 2014
JUDGE:
Carmody CJ
ORDER:
The application for the exclusion of the proposed testimony of (1) Brett Dunn and (2) the intercepted conversations from the evidence at trial is dismissed.
CATCHWORDS:
CRIMINAL LAW – EVIDENCE – JUDICIAL DISCRETION TO ADMIT OR EXCLUDE EVIDENCE – EVIDENCE UNFAIR TO ADMIT OR IMPROPERLY OBTAINED – PARTICULAR CASES – where co-offender gave induced statement in the course of cooperating with police – where induced statement was subsequently confirmed under caution – where interviews were not recorded prior to confirming statement under caution – whether failure to fully comply with terms of s 23F and s 23V of the Crimes Act 1914 (Cth) renders evidence inadmissible – whether public policy discretion alone justifies exclusion of evidence of co-offender
CRIMINAL LAW – EVIDENCE – JUDICIAL DISCRETION TO ADMIT OR EXCLUDE EVIDENCE – ILLEGALLY OBTAINED EVIDENCE – GENERALLY – where phone calls made to one mobile service diverted to another that was intercepted under warrant – where co-offender who held both mobile services cooperated with police – whether interception of the diverted calls was done “under a warrant” within the meaning of s 7(2) of the Telecommunications (Interceptions and Access) Act 1979 (Cth)
CRIMINAL LAW – EVIDENCE – CONFESSIONS AND ADMISSIONS – STATEMENTS – VOLUNATRY STATEMENTS – INDUCEMENT – OTHER MATTERS NOT CONSTITUTING INDUCEMENT – where co-offender gave induced statement to police – where induced statement was subsequently confirmed under caution – where alleged that police induced co-offender to cooperate through fear of prejudice or hope of advantage – whether evidence demonstrates co-offender’s independent choice to cooperate
Criminal Code 1899 (Qld) s 590AA
Crimes Act 1914 (Cth) s 23F and s 23V, considered
Telecommunications (Interception and Access) Act 1979 (Cth) s 5 and s 7, consideredBunning v Cross (1978) 141 CLR 54, cited
Collins v R (1980) 31 ALR 257 at 216, followed; at 309, 317, cited
Hilton v Wells (1985) 59 ALJR 396; 58 ALR 245, applied
McDermott v The King (1948) 76 CLR 501, considered
Pollard v R (1992) 176 CLR 177 at 202-203, cited
R v Ireland (1920) 126 CLR 321 at 334-335, cited
R v Marks (2004) VSC 476 at [108], applied
R v Pinkstone (SC(WA), 10 March 1997, unreported), applied
R v Smith (1996) 86 A Crim R 398 at 403-404, followed
R v Swaffield; Pavic v The Queen (1998) 192 CLR 159 at 194, cited
R v Warrell [1993] 1 VR 671 at 681, cited
Ridgeway v The Queen (1995) 184 CLR 19, citedCOUNSEL:
G Rice for the respondent
T Ryan for the defendant/applicantSOLICITORS:
Director…
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- AGLC
- R v Healy [2014] QSC 236
- Case
- [2014] QSC 236
- Decision Date
CaseChat Overview and Summary
The central legal issues in this case were whether the induced statement given by Dunn was admissible and whether the interception of diverted phone calls was done "under a warrant" within the meaning of s 7(2) of the Telecommunications (Interceptions and Access) Act 1979 (Cth). Additionally, the Court had to decide whether the failure to comply with the recording requirements under s 23F and s 23V of the Crimes Act 1914 (Cth) rendered Dunn's evidence inadmissible. The Court also had to consider whether the public policy discretion alone justified the exclusion of Dunn's evidence.
The Court found that the inducement of Dunn's statement did not render it inadmissible, as it was confirmed under caution and demonstrated Dunn's independent choice to cooperate. Regarding the interception of the diverted phone calls, the Court held that the interception was done "under a warrant" as it was authorised by the relevant warrant. The Court further held that the failure to comply with the recording requirements did not render Dunn's evidence inadmissible, as it did not affect the voluntariness or reliability of the evidence. Finally, the Court found that the public policy discretion did not justify the exclusion of Dunn's evidence, as it would not significantly undermine the integrity of the trial.
The application for the exclusion of the proposed testimony of Brett Dunn and the intercepted conversations from the evidence at trial was dismissed.
Orders
Orders of the court
The application for the exclusion of the proposed testimony of (1) Brett Dunn and (2) the intercepted conversations from the evidence at trial 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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