IN THE COURT OF APPEAL [1995] QCA 331 SUPREME COURT OF QUEENSLAND C.A. No. 435 of 1994 Before Fitzgerald P. Pincus J.A. Dowsett J.
[R. v. O’Neill]
T H E Q U E E N
v.
JODY MICHELLE O’NEILL Appellant
FITZGERALD P.
PINCUS J.A. DOWSETT J.
Judgment delivered 04/08/1995
SEPARATE REASONS FOR JUDGMENT OF EACH MEMBER OF THE COURT.
P INCUS J.A. AND DOWSETT J. CONCURRING, FITZGERALD P. DISSENTING Application for leave to appeal refused.
Appeal dismissed.CATCHWORDS: CRIMINAL LAW - confessional evidence - discretionary rejection of admissible evidence in criminal trials - whether evidence of a recorded conversation between the appellant and an undercover police agent was admissible - whether the accused received a fair trial - whether objectionable exercise of discretion to admit illegally or improperly obtained evidence - s. 10 Criminal Law Amendment Act - fresh evidence - discretion to admit
Counsel: A. Kimmins for the Appellant
P. Rutledge for the Crown
Solicitors: Grays Lawyers for the Appellant
Queensland Director of Public Prosecutions for the Crown
Date(s) of Hearing: 1 December 1994
REASONS FOR JUDGMENT - FITZGERALD P.
Judgment delivered 04/08/1995
The circumstances giving rise to this appeal are set out in the reasons for judgment of
Dowsett J.A critical part of the prosecution evidence against the appellant consisted of admissions she made to a friend and co-worker, Lynne Monica Lally. From statements made by the appellant, commencing in about June 1993, Lally became aware of difficulties in the appellant's marriage, and, on 23 August 1993, Lally was informed by the appellant that she had attempted to kill her husband by injecting him with a potentially fatal dose of insulin; the appellant's description of what had occurred contained considerable detail. Lally informed police and, at their instigation, had a further conversation with the appellant, which was recorded by means of equipment carried by Lally which was not visible to the appellant. Once again, the appellant made incriminating admissions. Her principal ground of appeal is that the evidence of the recorded admissions should have been excluded from her trial. The corollary, as I understand it, is that, without the recorded admissions, Lally's evidence of the earlier admissions might not have been accepted by the jury; hence, there should be a new trial.
The basis for the appellant's contention that evidence of the recorded admissions should not have been received into evidence is that, at the time of the recorded conversation between the appellant and Lally, police would have been required by the Judges' Rules to caution her that she need not answer before asking her any questions. Therefore, it was argued, her admissions to Lally, who was acting at the behest of the police, should not have been received into evidence because the appellant was not warned prior to Lally engaging her in the conversation which Lally recorded.
Bluntly summarised in that manner, the appellant's argument is unattractive. However, this is an important but difficult area of the law, involving concepts which can overlap and sometimes tend…
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- AGLC
- R v O'Neill [1995] QCA 331
- Case
- [1995] QCA 331
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Orders
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Evidence
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