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.
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:
Solicitors:
Mr A. Wong (Crown)
Mr R. Pettit (Accused)
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
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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).
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The events are all alleged to have occurred between 23 March 2022 and 9 June 2022.
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A plea of not guilty has been entered in respect of the offences. The matter has not yet been allocated a trial date.
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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 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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