R –v –Parkinson

Case [2006] QDC 57


DISTRICT COURT OF QUEENSLAND

CITATION:

R –v –Parkinson [2006] QDC 057

 PARTIES:

THE QUEEN

Against

 Lester Kenneth PARKINSON

FILE NO:

 12/ 06

PROCEEDINGS:

Application for pre-trial directions.

DELIVERED ON:

10 March 2006

DELIVERED AT:

Townsville

HEARING DATES

 1, 16 and 24 February 2006

JUDGE:

CF Wall QC

ORDER:

Police interview excluded.

CATCHWORDS:

CRIMINAL LAW - EVIDENCE – application to exclude police interview with Aboriginal acc – acc a person of special need as defined in Operational Procedures Manual, Queensland Police Service – non-compliance with ss. 249(1) and 251 Police Powers and Responsibilities Act, ss. 34(2), 36(5) and 36(6) Responsibilities Code and ss 6.3.2 and 6.3.3. Operational Procedures Manual – wh police should have arranged for a support person to attend the interview with the acc - cumulative effect of non-compliance with statutory and procedural requirements

Legislation referred to:
Police Powers and Responsibilities Act 2000 (Qld), ss. 4(e), 5, 249, 251
Responsibilities Code (Schedule 10, Police Powers and Responsibilities Act 2000), ss. 34 and 36
Operational Procedures Manual, Queensland Police Service, ss. 6.3.2, 6.3.3 and 6.3.6

Cases referred to:
R. v Cho[2001] QCA 196 (FAA)
R v. LR [2005] QCA 368, Keane JA (FAA)

COUNSEL:

1 February 2006
Mr J. Greggery for the Crown
Mr H. Walters and Mr W. Pennell  for the Accused

16 and 24 February 2006
Mr R. English (solicitor) for the Crown
Mr H. Walters for the Accused

SOLICITORS: Queensland Director of Public Prosecutions for the Crown
Arthur Browne and Associates for the Accused

HIS HONOUR:  Lester Kenneth Parkinson is charged with two offences, both alleged to have been committed on the 26th of November 2004 at Palm Island.  The first alleges that he and others, being riotously assembled together, unlawfully began to destroy a police station.  The second alleges that he and others wilfully and unlawfully set fire to the building housing the Palm Island Police Station.

The defence has objected to the admissibility of an interview between police and Parkinson conducted on the 1st of December 2004 at the Palm Island Police Barracks which were then being used as a temporary police station, on the basis that it was not voluntary and, alternatively, that it should be excluded in the exercise of the discretion.

Parkinson is an Aboriginal aged 28.  He was born in Townsville, but has lived on Palm Island for most of his life.  He is unemployed and I doubt he could ever hold down meaningful employment.  

He has been examined by Ms Renee McAllister, a psychologist, and she has provided a report, Exhibit 10.  Parkinson's family background is characterised by extreme alcohol abuse and probable neglect.  Most of his schooling was on Palm Island.  He completed grade 10, but obviously did not pass it.  From the age of 12 in grade seven he rarely attended school due to substance abuse.  He said he was addicted to drugs, (marijuana, petrol and liquid paper) and lacked interest in schooling.  At the age of 15 he stopped sniffing petrol and started injecting speed…

Continue reading R –v –Parkinson

Sign in free to access the full text

Details
AGLC
R –v –Parkinson [2006] QDC 57
Case
[2006] QDC 57
Decision Date

CaseChat Overview and Summary

The case of R v Parkinson involved the defendant, Mr Parkinson, who was charged with criminal offences. The dispute centred around the admissibility of a police interview conducted with the defendant, who is an Aboriginal person, and the alleged non-compliance with specific statutory and procedural requirements designed to protect individuals of special needs during police interviews. The matter was heard in the Magistrates Court. The court was required to determine whether the police interview with the defendant was conducted in accordance with the relevant legal frameworks and whether any non-compliance was significant enough to warrant the exclusion of the evidence obtained during the interview.

The primary legal issues addressed by the court included whether the police failed to comply with the statutory and procedural requirements outlined in sections 249(1) and 251 of the Police Powers and Responsibilities Act, as well as sections 34(2), 36(5), and 36(6) of the Responsibilities Code and sections 6.3.2 and 6.3.3 of the Operational Procedures Manual. Specifically, the court had to consider whether the police should have arranged for a support person to attend the interview and whether the cumulative effect of these non-compliances warranted the exclusion of the interview evidence under relevant provisions of the Evidence Act.

The court found that the police had indeed failed to comply with the statutory and procedural requirements designed to protect individuals of special needs during police interviews. It was established that the police should have arranged for a support person to be present during the interview with the defendant, which they did not do. The court concluded that these non-compliances had a cumulative effect, leading to a significant breach of the defendant’s rights. Consequently, the court decided to exclude the police interview as evidence in the proceedings. The court's decision was based on the importance of adhering to the prescribed procedures to safeguard the rights of individuals of special needs and to ensure the integrity of the legal process.

Orders

Orders of the court

Police interview excluded.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.