R v Nash

[2014] QSC 139

SUPREME COURT OF QUEENSLAND

CITATION:

R v Nash [2014] QSC 139

PARTIES:

R
v
CHRISTOPHER LEIGH NASH
(defendant/applicant)

FILE NO/S:

Indictment No 32 of 2014

DIVISION:

Trial Division

PROCEEDING:

590AA hearing

ORIGINATING COURT:

Supreme Court at Brisbane

DELIVERED ON:

14 May 2014  

DELIVERED AT:

Brisbane

HEARING DATE:

22 April 2014

JUDGE:

Ann Lyons J

ORDER:

The record of the interview conducted at 2 am on 29 June 2013 is excluded pursuant to s 130 of the Evidence Act 1977 (Qld)

CATCHWORDS:

CRIMINAL LAW – EVIDENCE – JUDICAL DISCRETION TO ADMIT OR EXCLUDE EVIDENCE – POLICE INTERROGATION – PROPRIETY OF POLICE QUESTIONING AND OTHER CONDUCT –  GENERALLY - where the defendant/applicant was questioned by police at 2 am outside a service station – where the defendant had been searched and questioned on the basis that he was displaying indicia typical of drug use– whether the defendant’s interview with police should be excluded on the basis that he was intoxicated at the time of the interview

Criminal Code 1899 (Qld), s 590AA
Evidence Act 1977 (Qld), s 130
Police Powers and Responsibilities Act2000 (Qld), s 423
R v LR [2005] QCA 368; [2006] Qd R 435, considered

COUNSEL:

J Fenton for the defendant/applicant 
S J Klemm for the respondent

SOLICITORS:

A W Bale & Son for the defendant/applicant 
Director of Public Prosecutions (Queensland) for the respondent

Background

1. The defendant/applicant is currently charged on a 34 count indictment, charging:

·    one count of trafficking in the dangerous drugs methylamphetamine 3 4- methylenedioxymethamphetamine and cannabis;

·    30 counts of supplying a dangerous drug;

·    one count of possessing a dangerous drug, namely methylamphetamine;

·    one count of possession of things, namely money, tick sheets a set of scales and a mobile phone, used in connection with trafficking in a dangerous drug; and

·    one count of possession of a thing used in connection with possession of a dangerous drug, namely a quantity of clipseal bags, a glass pipe and a straw.

1. The defendant applies for a ruling pursuant to s 590AA of the Criminal Code that the record of interview which was conducted at 2 am outside the 7-Eleven store at the service station at Richlands, Brisbane, on 29 June 2013 be excluded. It is argued that he was intoxicated at the time and that the interview should not have proceeded and was in breach of s 423 of the Police Powers and Responsibilities Act2000 (Qld) (“PPRA”).

An overview of the evidence of the Interview

1. Constable Nick Collins and Senior Constable Keith Skuse were conducting mobile patrols on 29 June 2013 and at approximately 1.40 am they saw the defendant’s motorcycle parked outside the 7-Eleven store at a service station at the intersection of Gardner Road and Progress Road, Richlands. They observed that the defendant was standing near the front counter and was constantly fidgeting with his clothes and face. He could not stand still and was pacing backward and forward. When the registration of the bike was checked…