R v Parsons (a pseudonym)

Case [2024] NSWDC 578

District Court


New South Wales

  • Amendment notes
Medium Neutral Citation: R v Parsons (a pseudonym) [2024] NSWDC 578
Hearing dates: 22, 23, 24, 25 January 2024
Date of orders: 16 February 2024
Decision date: 21 February 2024
Jurisdiction:Criminal
Before: Beckett DCJ
Decision:

Product derived from seizure of accused’s mobile phone be excluded from evidence: [155]

Catchwords:

CRIME – EVIDENCE: ADMISSIBILITY

Investigating office - questioned - protected suspect - questioning - Aboriginality - intellectual impairment - consent - improper conduct

Legislation Cited:

Crimes Act 1914 (Cth) ss 3AA, 3D(1), 3H, 3LA, 3ZD,

Criminal Code (Cth) ss 474.22(1), 474.22A(1), 474.26(1)

Evidence Act 1995 ss 138.

Law Enforcement (Power and Responsibilities) Act 2002

Cases Cited:

Australian Securities and Investment Commission (ASIC) v Sigalla (No 2) [2010] NSWSC 792

Bunnings v Cross (1978) 141 CLR 54

DOKLU v The Queen [2010] NSWCCA 309

DPP v Langford [2012] NSWSC 310

DPP v Marijancevic [2011] VSCA 355

Kadir v The Queen [2020] HCA 1, 375 ALR 80

Nean v R [2023] NSWDC 34

Parker v Comptroller – General of Customs [2007] NSWCA 348

Pavitt v The Queen (2007) 169 A Crim R 452

R v Camilleri [2007] NSWCCA 36

R v Dalley [2002] NSWCCA 284

R v FE [2013] NSWSC 1692

R v Helmout [2001] NSWCCA 372

R v Hung [2014] NTSC 19

R v Phung v Huynh [2001] NSWSC 115

Robinson v Woolworths Ltd (2005) 158 A Crim R 546

H, SA v Police [2013] SASCFC 86

Strickland (A Pseudonym) v Commonwealth Director of Public Prosecutions (2018) 266 CLR 325

Category:Procedural rulings
Parties: Director of Public Prosecutions (Crown)
T. Parsons (Accused)
Representation:

Counsel:
Mr A. Wong (Crown)
Mr R. Pettit (Accused)

Solicitors:
C. Niagos - Commonwealth Office of Director of Public Prosecutions (Crown)
D. Thomas - Legal Aid NSW (Accused)
File Number(s): 2022/00167514
Publication restriction: Non publication order pursuant to s 8(1)(c) and (e) of the Court Suppression and Non Publication Orders Act 2010 and the Children (Criminal Proceedings) Act 1987

Judgment

  1. Thomas Parsons (a pseudonym) (“TP”) (the accused) is charged with the following five counts:

Count 1: Use a carriage service to make available child abuse material, contrary to s 474.22(1) of the Criminal Code (Cth).

Count 2: Use a carriage service to procure a person under 16 to engage in sexual activity, contrary to s 474.26(1) Criminal Code (Cth).

Count 3: Possess child abuse material using a carriage service, contrary to s 474.22A(1) of the Criminal Code (Cth).

Count 4: Possess child abuse material using a carriage service, contrary to s 474.22A(1) of the Criminal Code (Cth).

Count 5: Possess child abuse material using a carriage service, contrary to s 474.22A(1) of the Criminal Code (Cth).

  1. The events are all alleged to have occurred between 23 March 2022 and 9 June 2022.

  2. A plea of not guilty has been entered in respect of the offences. The matter has not yet been allocated a trial date.

  3. The accused by…

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AGLC
R v Parsons (a pseudonym) [2024] NSWDC 578
Case
[2024] NSWDC 578
Decision Date

CaseChat Overview and Summary

The case of R v Parsons involves a legal dispute regarding the admissibility of evidence obtained from a mobile phone seized from the accused during an investigation. The matter was heard by the Supreme Court of Victoria, which had to determine whether the evidence obtained from the phone should be excluded from the trial. The defendant, referred to as Parsons, is alleged to have committed a crime, and the prosecution sought to use the contents of his mobile phone as evidence against him. The primary issue before the court was whether the evidence derived from the phone was obtained lawfully and whether the accused's rights were properly respected during the investigation.

The court was required to decide whether the police conducted themselves appropriately during the investigation, particularly in relation to Parsons' intellectual disability and Aboriginality. The court had to consider whether Parsons' consent to the seizure of his phone was given voluntarily and whether his rights under the law were respected. The case centred on whether Parsons' intellectual impairment and Aboriginality were adequately considered by the police when they questioned him and obtained his consent to search his phone. The court had to assess whether the police acted improperly in any way during the investigation and whether the evidence obtained should be excluded as a result.

The court found that the police had acted improperly in their questioning of Parsons, particularly in light of his intellectual disability and Aboriginality. The court concluded that Parsons' consent to the seizure of his phone was not given voluntarily, as his intellectual disability and Aboriginality were not properly considered. The court determined that the evidence obtained from the phone should be excluded from the trial, as it was obtained through improper conduct by the police. The court found that the police failed to adequately respect Parsons' rights during the investigation, and as a result, the evidence derived from the phone seizure could not be used against him. The court's decision highlights the importance of ensuring that the rights of vulnerable individuals are properly respected during police investigations.

Orders

Orders of the court

Product derived from seizure of accused’s mobile phone be excluded from evidence: [155]

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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