R v Jackson

The Supreme Court of the Australian Capital Territory heard a case against Nicholas Jackson, who was accused of assaulting Bernard Harpley, causing him actual bodily harm. The assault allegedly occurred on 9 November 2004, and Jackson was questioned by Constable Roberts on 11 November 2004 at two different locations. Jackson was first questioned at the Gungahlin Magnet Mart and then at the Gungahlin Police Station. Jackson was cautioned by Constable Roberts during the interview at the police station, which was recorded, but the initial interview at the Magnet Mart was not recorded. Jackson's legal representative argued that the evidence from the unrecorded interview was inadmissible under section 23V of the Crimes Act 1914 (Cwth).

The court had to determine whether the unrecorded interview at the Magnet Mart and the recorded interview at the police station constituted the same questioning period. If they did, the evidence from the unrecorded interview would be inadmissible under section 23V, which requires that any confession or admission made by a suspect be recorded if it is reasonably practicable to do so. The court also had to decide whether, under section 23V(5), the evidence could be admitted despite non-compliance with the recording requirements if it was satisfied that doing so would not be contrary to the interests of justice.

The court found that the two interviews were part of the same questioning period, as they were conducted by the same person, within a short time frame, and at consecutive locations. The court noted that the decisive piece of evidence, Jackson's admission that he had signed the receipt given to the complainant, was made during the second interview, which was recorded. The court concluded that the police had the means to record the first interview but chose not to do so. Therefore, the evidence from the unrecorded interview was inadmissible, and there were no special circumstances that would justify admitting it under section 23V(5). The court ordered that the evidence of the interview with Jackson conducted by Constable Roberts on 11 November 2004 was inadmissible.