R v Seymour

Case

[2012] QSC 14

13 February 2012


Details
AGLC Case Decision Date
R v Seymour [2012] QSC 14 [2012] QSC 14 13 February 2012

CaseChat Overview and Summary

The case of R v Seymour involved the applicant, Mr Seymour, applying to the court to have certain statements excluded from evidence on the basis that they were not voluntary. The dispute centred on whether inducements made to Mr Seymour led to the making of the statements. The application was heard by the Supreme Court of the State.

The primary legal issue before the court was whether the statements made by Mr Seymour were voluntary and therefore admissible in evidence. The court had to determine whether there was any inducement that caused Mr Seymour to make the statements and, if so, whether that inducement rendered the statements involuntary. The court also had to consider whether the inducements, if any, had a significant impact on the voluntariness of the statements.

The court found that there were indeed inducements made to Mr Seymour, which played a significant role in his decision to make the statements. These inducements included promises of leniency and assurances regarding the treatment he would receive. The court held that these inducements were significant enough to impact the voluntariness of the statements. As a result, the court granted the application to exclude the statements from evidence. The same decision applied to the statements made by Mr Terry on 9 September 2009.

In conclusion, the court granted the application to exclude the statements made by both Mr Seymour on 28 August 2009 and Mr Terry on 9 September 2009 from evidence. The court's decision was based on the finding that the inducements made to Mr Seymour significantly affected the voluntariness of the statements, thereby rendering them inadmissible.
Details

Areas of Law

  • Criminal Law

Legal Concepts

  • Confessions & Admissions

  • Voluntary Statements

  • Inducement

Actions
Download as PDF Download as Word Document


Cases Citing This Decision

8

State of Tasmania v Lin [2011] TASSC 54
State of Tasmania v Lin [2011] TASSC 54
R v Assheton [2002] SASC 194
Cases Cited

12

Statutory Material Cited

4

R v Belford & Bound [2011] QCA 43
R v McMillan [2010] QSC 309