SUPREME COURT OF SOUTH AUSTRALIA
(Court of Criminal Appeal)
R v HEYWARD & MINTER
[2010] SASCFC 38
Judgment of The Court of Criminal Appeal
(The Honourable Chief Justice Doyle, The Honourable Justice Duggan and The Honourable Justice Bleby)
28 September 2010
CRIMINAL LAW - EVIDENCE - JUDICIAL DISCRETION TO ADMIT OR EXCLUDE EVIDENCE - EVIDENCE UNFAIR TO ADMIT OR IMPROPERLY OBTAINED - PARTICULAR CASES
CRIMINAL LAW - EVIDENCE - JUDICIAL DISCRETION TO ADMIT OR EXCLUDE EVIDENCE - POLICE INTERROGATION - PROPRIETY OF POLICE QUESTIONING AND OTHER CONDUCT BY POLICE - ADMINISTERING CAUTION - GENERALLY
CRIMINAL LAW - EVIDENCE - CONFESSIONS AND ADMISSIONS - STATEMENTS - RECORDS OF INTERVIEW - DISCRETION TO EXCLUDE
Appeal against conviction for murder - appellant Heyward interviewed without being cautioned - Judge excluded these interviews - subsequent interviews conducted where appropriate warnings and cautions given - Judge admitted these interviews - Judge excluded those parts of subsequent admitted interviews that referred to excluded interviews - whether Judge should have excluded subsequent interviews entirely - whether trial rendered unfair by admission of subsequent interviews - ground of appeal rejected.
CRIMINAL LAW - APPEAL AND NEW TRIAL - PARTICULAR GROUNDS OF APPEAL - MISDIRECTION AND NON-DIRECTION - CONSIDERATION OF SUMMING UP AS A WHOLE
CRIMINAL LAW - APPEAL AND NEW TRIAL - PARTICULAR GROUNDS OF APPEAL - MISDIRECTION AND NON-DIRECTION - PRESENTATION OF DEFENCE CASE
CRIMINAL LAW - APPEAL AND NEW TRIAL - PARTICULAR GROUNDS OF APPEAL - MISDIRECTION AND NON-DIRECTION - REVIEW OF EVIDENCE
Appellant Heyward complained about Judge's directions on topic of circumstantial evidence - whether Judge failed to put defence case adequately - whether Judge should have reminded jury of reasons why they might not accept certain pieces of evidence - whether Judge should have said something to jury about the competing inferences to be drawn from the circumstantial evidence - whether any prejudice suffered because of Judge's incorrect categorisation of some evidence - grounds of appeal rejected.
CRIMINAL LAW - EVIDENCE - CORROBORATION - WARNING REQUIRED OR ADVISABLE - ACCOMPLICES - GENERALLY
Appellant Heyward submitted that Judge erred in failing to direct or warn jury to exercise caution in relying on evidence of co-accused Minter to draw an inference adverse to him - whether Judge should have given an accomplice warning - no basis for suggesting that items of evidence in question were given for purpose of serving co-accused's own interest - application for permission to appeal granted - ground of appeal rejected.
CRIMINAL LAW - APPEAL AND NEW TRIAL - VERDICT UNREASONABLE OR INSUPPORTABLE HAVING REGARD TO EVIDENCE - APPEAL DISMISSED
Appellant Heyward contended that combined effect of grounds of appeal rendered jury’s verdict unsafe and unsatisfactory – ground of appeal rejected – appeal dismissed.
CRIMINAL LAW - APPEAL AND NEW TRIAL - PARTICULAR GROUNDS OF APPEAL - CONDUCT OF PROSECUTOR OR PROSECUTION
Appeal against conviction for murder – appellant Minter contended that publication of a newspaper article required discharge of jury – prosecutor gave an interview to a weekly newspaper published throughout…
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- AGLC
- R v Heyward & Minter [2010] SASCFC 38
- Case
- [2010] SASCFC 38
- Decision Date
CaseChat Overview and Summary
The central legal issues before the court were whether the trial judge erred in admitting certain police interviews with Heyward, despite initial interviews being excluded due to a lack of caution. The court also considered whether the judge's directions to the jury adequately presented the defence case, particularly concerning circumstantial evidence and the evidence of a co-accused. For Minter, the court examined whether the publication of a newspaper article warranted discharging the jury, whether the judge's directions on intoxication were sufficient, and whether Minter's admissions to police were improperly obtained or unfairly admitted, potentially overbearing his will or subverting his right to silence.
The court reasoned that while the initial interviews with Heyward were correctly excluded, subsequent interviews conducted with proper cautions were admissible. The judge's decision to exclude parts of the admitted interviews that referred to the excluded ones was deemed appropriate to prevent unfair prejudice. Regarding the directions on circumstantial evidence and the defence case, the court found that the summing up, when considered as a whole, adequately presented the defence's arguments and the competing inferences. The absence of an explicit accomplice warning was justified as there was no evidence that Minter's testimony was given to serve his own interests. For Minter, the newspaper article was not considered sufficiently prejudicial to warrant a mistrial, and the directions on intoxication were found adequate. The admissions made by Minter to the police were deemed voluntary and not obtained through improper pressure or inducement, thus their admission did not render the trial unfair.
Consequently, the court dismissed Minter's appeal against conviction. For Heyward, permission to appeal was granted on specific grounds relating to the admissibility of evidence and the addition of a further ground, but his appeal against conviction was otherwise dismissed.
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
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