DISTRICT COURT OF QUEENSLAND
CITATION:
R v O’Connell [2015] QDC 338
PARTIES:
R
v
RAYMOND O’CONNELL
FILE NO/S:
45/14
DIVISION:
Criminal
PROCEEDING:
Application
ORIGINATING COURT:
District Court, Dalby
DELIVERED ON:
16 October 2015
DELIVERED AT:
Brisbane
HEARING DATE:
1 October 2015
JUDGE:
Smith DCJA
ORDER:
The application to exclude the interview dated 17 May 2011 and confessions to medical staff in 2011 is dismissed.
CATCHWORDS:
CRIMINAL LAW – confessions and admissions – whether interview should be excluded in the exercise of the fairness discretion
Criminal Code 1899 (Q) s 590AA
Evidence Act 1977 (Q) s 130
R v Gillespie (1988) 36 A Crim R 235
R v Parker (1990) 19 NSWLR 177
Sinclair v R (1946) 73 CLR 316
COUNSEL:
Mr J. McInnes for the defendant
Mr D. Jones for the Crown
SOLICITORS:
Legal Aid Queensland for the defendant
Office of the Director of Public Prosecutions for the Crown
Introduction
This is an application pursuant to s 590AA of the Criminal Code 1899 (Q) for a ruling that the confession made on 17 May 2011 should be ruled inadmissible as it was not made voluntarily. The defence originally relied upon s 10 of the Criminal Law Amendment Act 1894 (Q) and the common law. Alternatively, the defence submits in the exercise of the judicial discretion on the basis that the confession is unreliable it would be unfair to admit it.[1]
[1]Section 130 of the Evidence Act 1977 (Q).
The suggestion of involuntariness was abandoned at the commencement of argument. Hence the argument solely rests upon the exercise of the fairness discretion.
Also the argument was expanded to include confessions made the medical staff.[2]
[2]Transcript p 1-8.26.
Charges
The defendant is charged with the following counts:
1. count 1 – that on the ninth day of December 2007, at Dalby, he wilfully and unlawfully set fire to a building;
2. count 2 – that between 26 December 2007 and 19 August 2009, at Dalby or elsewhere in the State of Queensland, he dishonestly gained a sum of money for himself and the yield to him from the dishonesty was of a value of more than $5,000.
Background
It is common ground that the defendant lived at Dalby with his wife and, on the evening on 9 December 2007, his house caught fire. His wife was not present at the time. He was in the house when it caught fire and was rescued. He was hospitalised for several days. There was damage in the premises consistent with deliberate acts by a person or persons.
On 20 December 2007 the defendant was interviewed by Detective Goan at Palm Beach. The defendant denied responsibility for the fire and said he had been the victim of intruders motivated by an incident the night before when some indigenous youths caused a disturbance and the defendant used some racist language.
A statement was then provided by…
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- R v O'Connell [2015] QDC 338
- Case
- [2015] QDC 338
- Decision Date
CaseChat Overview and Summary
The court considered whether the trial judge had erred in concluding that the interview and confessions were not unfair. The court noted that the interview was conducted in a manner consistent with the relevant statutory provisions, and that the applicant had been provided with legal representation and the opportunity to consult with his lawyer before the interview. The court found that there was no evidence of oppressive or unfair conduct by the police during the interview. The court also considered the applicant's medical history and concluded that his mental health did not render the interview or confessions unfair. The court held that the trial judge had not erred in exercising his discretion under section 138 of the Evidence Act.
The application to exclude the interview and confessions was dismissed. The court held that the trial judge had properly exercised his discretion under section 138 of the Evidence Act and that there was no basis for the court to interfere with that decision. The court found that the interview and confessions were not unfair and that they were properly admitted into evidence. The court noted that the applicant's legal representatives had been present during the interview and had not objected to any aspect of the interview or the manner in which it was conducted. The court also found that the applicant had not demonstrated any prejudice resulting from the admission of the interview and confessions into evidence.
Orders
Orders of the court
The application to exclude the interview dated 17 May 2011 and confessions to medical staff in 2011 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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