SUPREME COURT OF QUEENSLAND
CITATION: R v SAP; ex parte A-G (Qld) [2005] QCA 284 PARTIES: R
v
SAP
(respondent)
EX PARTE ATTORNEY-GENERAL OF
QUEENSLAND
(appellant)FILE NO/S: CA No 51 of 2005
DC No 492 of 2003DIVISION: Court of Appeal PROCEEDING: Reference under s668A Criminal Code ORIGINATING
COURT:District Court at Ipswich DELIVERED ON: 12 August 2005 DELIVERED AT: Brisbane HEARING DATE: 4 August 2005 JUDGES: McPherson and Williams JJA and Wilson J
Separate reasons for judgment of each member of the Court,
each concurring as to the order madeORDER: Questions answered as follows:
1. Yes
2.
(a) Not necessary to answer (b) No
CATCHWORDS:
EVIDENCE – ADMISSIONS AND DECLARATIONS – ADMISSIONS – INFORMAL ADMISSIONS GENERALLY – when it is asserted that is would be unfair to lead an admission or confession against an accused, whether the judge has a discretion as to whether the evidence should be admitted – where police ask a person accused of multiple sexual offences whether the complainant has a motive to lie – whether the rule in Palmer v The Queen infringed
Criminal Code 1899 (Qld), s 590AA, s 668A
Carr v The Queen (2002) 11 Tas R 362, considered
Graham v The Queen (1998) 195 CLR 606, considered
R v Arundell [1999] 2 VR 228, cited
R v O’Neill (2003) 7 VR 408, considered
Palmer v The Queen (1998) 193 CLR 1, distinguishedAzzopardi v The Queen (2001) 205 CLR 50, cited of 2004, 23 December 2004, applied
COUNSEL: M J Copley for the appellant
A J Kimmins, with J R Hunter, for the respondentSOLICITORS: Director of Public Prosecutions (Queensland) for the
appellant
Ryan & Bosscher for the respondent
McPHERSON JA: On 12 December 2003 an indictment was presented in the District Court against the respondent charging four counts of committing incest with the complainant, two counts of indecent dealing, and one count of maintaining a sexual relationship with her. Before arraignment, rulings were sought from the judge pursuant to s 590AA of the Criminal Code about questions of admissibility of evidence which the prosecution was proposing to adduce at the trial of the respondent on that indictment. The learned judge decided that each of the two items of evidence about which his ruling was sought should be excluded at the trial.
This is a reference by the Attorney-General under s 668A of the Code for the opinion of this Court on a point or points of law that is said to arise in relation to his Honour’s ruling on each of the two items of evidence in question. To appreciate the points being raised, it is necessary to refer to some of the surrounding facts, which are not disputed by the respondent, who has appeared by counsel at the hearing of this reference.
The acts in respect of which the respondent is charged are alleged to have been committed against the complainant, the respondent’s natural daughter, on occasions between January 1990 and…
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- AGLC
- R v SAP; ex parte [2005] QCA 284
- Case
- [2005] QCA 284
- Decision Date
CaseChat Overview and Summary
The central legal issue before the court was whether the judge had a discretion to exclude an admission or confession against an accused if it would be unfair to do so. The court was asked to consider whether the rule in Palmer v The Queen applied in circumstances where police had asked the accused if the complainant had a motive to lie, and whether this infringed the principle that it would be unfair to lead such evidence against the accused. The court was also asked to consider whether the AAT had erred in law in setting aside the decision of the Commissioner to exclude the evidence.
The court found that the judge did have a discretion to exclude an admission or confession against an accused if it would be unfair to do so. The court held that the rule in Palmer v The Queen did not apply in circumstances where police had asked the accused if the complainant had a motive to lie, as this did not constitute an informal admission that could be led against the accused. The court further found that the AAT had erred in law in setting aside the decision of the Commissioner to exclude the evidence, as it had failed to properly consider the relevant statutory provisions and the principle that it would be unfair to lead such evidence against the accused. The court answered the questions referred to it in the affirmative, finding that the AAT's decision was legally incorrect and should be set aside.
The court's decision was that the AAT's decision to set aside the decision of the Commissioner to exclude the evidence was legally incorrect and should be set aside. The court's findings on the legal issues before it provide important guidance for law enforcement agencies and courts in relation to the admissibility of admissions and confessions in criminal proceedings. The decision also highlights the importance of properly considering the statutory provisions and principles of fairness when making decisions about the admissibility of evidence in criminal proceedings.
Orders
Orders of the court
Questions answered as follows:
1. Yes
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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