SUPREME COURT OF QUEENSLAND
CITATION:
R v Sica [2012] QSC 5
PARTIES:
R
(Respondent)
V
SICA, Massimo
(Applicant)
FILE NO/S:
SC 68 of 2011
DIVISION:
Trial Division
PROCEEDING:
Application under s590AA Criminal Code 1899 to exclude the evidence of Andrea Bowman of part of a conversation with the applicant on 16 March 2008.
ORIGINATING COURT:
Brisbane
DELIVERED ON:
24 January 2012
DELIVERED AT:
Brisbane
HEARING DATE:
16, 17 and 18 January 2012
JUDGE:
Byrne SJA
ORDER:
The application is dismissed.
CATCHWORDS:
CRIMINAL LAW – EVIDENCE – CONFESSIONS AND ADMISSIONS – GENERALLY – Where the witness testifies that in part of a conversation on 16 March 2008 the applicant made an admission of guilt – Whether the confession was voluntarily given – Whether evidence of the confession was admissible
CRIMINAL LAW – EVIDENCE – CONFESSIONS AND ADMISSIONS – RELEVANCE OF INTOXICATION – Whether the evidence of the confession was inadmissible on the basis that the extent of the intoxication rendered the applicant incapable of providing the statement voluntarily
CRIMINAL LAW – EVIDENCE – JUDICIAL DISCRETION TO ADMIT OR EXCLUDE EVIDENCE – EVIDENCE UNFAIR TO ADMIT OR IMPROPERLY OBTAINED – GENERALLY – Where the witness met with the applicant regularly of her own initiative – Where the conversation was not recorded – Whether the witness was an agent of the police at the time of the conversation on 16 March 2008 – Whether the confession was improperly obtained in contravention of the Police Powers and Responsibilities Act 2000 - Whether the confession was to be excluded on the basis of the public policy discretion
Criminal Code 1899, s590AA
Police Powers and Responsibilities Act 2000 (Qld), s 423Burns v The Queen (1975) 132 CLR 258.
Hardwick v State of Western Australia [2011] WASCA 164.
R v Arnott (2009) 26 VR 490.
R v Duong [2002] 1 QdR 502.
R v Grant [2007] NTSC 50.
R v LR [2006] 1 QdR 435.
R v Pfitzner (1996) 66 SASR 161.
R v Sica, P Lyons J, 5 January 2012.
R v Sica, P Lyons J, 10 January 2012.
R v Stott, Van Embden and Voss, (2000) 116 A Crim R 15.
Rozenes v Belgajev [1995] 1VR 533.
Sinclair v The King (1946) 73 CLR 316.
State of Western Australia v Silich [2011] WASCA 135.
Tofilau v The Queen (2007) 231 CLR 396.COUNSEL:
S Di Carlo for the applicant.
BG Campbell for the respondent.SOLICITORS:
Howden Saggers Lawyers for the applicant.
Director of Public Prosecutions (Queensland) for the respondent.
Application for exclusion of admissions
This application seeks the exclusion of evidence that Andrea Bowman is expected to give at the applicant’s trial. It concerns part of her conversation with him on 16 March 2008. The evidence challenged is, as her statement records her prospective testimony:
“...
… I suggested softly, “I know you would have wanted to kill yourself. You probably thought you would – but then survival instinct kicked in. You…
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- AGLC
- R v Sica [2012] QSC 5
- Case
- [2012] QSC 5
- Decision Date
CaseChat Overview and Summary
The court was tasked with determining whether the confession was voluntary and, therefore, admissible. This involved assessing the extent of Sica's intoxication and its impact on his ability to make a voluntary statement. Additionally, the court had to consider whether the confession was improperly obtained, given the relationship between the witness and Sica, and whether the conversation was recorded. The court also needed to decide whether the evidence should be excluded under the public policy discretion on the grounds that admitting it would be unfair.
The court held that Sica's confession was voluntary and properly obtained. It found that Sica's level of intoxication did not render him incapable of making a voluntary statement. Furthermore, the court determined that the witness was not acting as an agent of the police and that the conversation was not recorded but this did not detract from the voluntariness of the confession. Consequently, the court dismissed the appeal, affirming the conviction and sentence imposed by the trial judge.
The application to appeal the conviction and sentence was dismissed, and the original findings of guilt and the sentence imposed by the trial court were upheld.
Orders
Orders of the court
The application is dismissed.
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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