The Queen v Murdoch [2005] NTSC 77
PARTIES: THE QUEEN
v
MURDOCH, Bradley John (No 3)
TITLE OF COURT: SUPREME COURT OF THE NORTHERN TERRITORY
JURISDICTION: SUPREME COURT OF THE TERRITORY EXERCISING TERRITORY JURISDICTION
FILE NO: 20215807
DELIVERED: 15 December 2005
HEARING DATES: 7-8 March, 21-22 & 26 April 2005, 18 October – 13 December 2005
JUDGMENT OF: MARTIN (BR) CJ
CATCHWORDS:
Injunction – Police Administration Act (NT) – s 145A – non-intimate procedures – taking of photographs for the purpose of further investigations – application for injunction by accused to prevent photographs being taken – application refused.
Interpretation of legislation – whether “photograph” includes taking of video images.
Police Administration Act 1974 (NT) s 145
R v Carr [1972] NSWLR 609 (p 17), R v McPhail (1988) 36 A Crim R 390 (p 17), Coco v The Queen (1994) 179 CLR 427 (p 20), Derrick v Customs and Excise Commissioners [1972] 2 QB 28 (p 49), applied.
Japaljarri v Cooke (1982) 64 FLR 314 at 318 (p 29), considered.
R v Galvin (1983) 24 NTR 22 at 27 (p 33, 34), referred to.
R v Franklin (1979) 22 SASR 101 at 107 (p 32), distinguished.
REPRESENTATION:
Counsel:
Plaintiff: R Wild QC, A Elliott, A Barnett & J Down
Defendant: I Barker QC, G Algie, M Twiggs & I Read
Solicitors:
Plaintiff: Office of the Director of Public Prosecutions
Defendant: Northern Territory Legal Aid Commission
Judgment category classification: A
Judgment ID Number: Mar0522
Number of pages: 41
IN THE SUPREME COURT
OF THE NORTHERN TERRITORY
OF AUSTRALIA
AT DARWIN
The Queen v Murdoch [2005] NTSC 77
No. 20215807
BETWEEN:
THE QUEEN
Plaintiff
AND:
MURDOCH, Bradley John (No 3)
Defendant
CORAM: MARTIN (BR) CJ
REASONS FOR JUDGMENT
(Delivered 15 December 2005)
Introduction
[1] The accused is charged that on 14 July 2001 near Barrow Creek he murdered Peter Marco Falconio. He is also charged that on the same occasion he deprived Joanne Rachael Lees of her personal liberty and that he unlawfully assaulted Ms Lees in circumstances of aggravation.
[2] The Crown proposed to lead evidence of images taken by a video camera at a Shell truck stop in Alice Springs for the purpose of establishing that the accused was in Alice Springs soon after the offences were committed. Through the Director of Public Prosecutions (“the Director”), police advised the accused of their intention to take a series of photographs of the accused for the purpose of expert analysis and comparison with the person depicted in the truck stop video. The accused did not consent to the taking of those photographs and sought an injunction forbidding the Commissioner of Police or any member of the Northern Territory Police from dealing with the accused by taking photographs or video film of him in the exercise of powers under the Police Administration Act (“the Act”). I refused the application and expressed the opinion that the police possess the necessary powers under the Act to…
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- AGLC
- R v Murdoch (No 1) [2005] NTSC 077
- Case
- [2005] NTSC 77
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