R v Smith and Turner

Case

[1994] SASC 4874

1 December 1994


Details
AGLC Case Decision Date
R v Smith and Turner [1994] SASC 4874 [1994] SASC 4874 1 December 1994

CaseChat Overview and Summary

The case of R v Smith and Turner involved two accused, Mark Raymond Smith and Colin Frederick Turner, who were jointly charged with the murder of Cosimo John Castelluzzo. A third accused, Laura Altintas, was charged with assisting Smith to escape apprehension. The court addressed several legal issues, including the admissibility of tape-recorded conversations between Turner and another individual, Roberts, and the propriety of separate trials for the accused. The court ruled that the tape recordings were inadmissible against Turner due to the lack of a caution and the unfair circumstances of their acquisition. However, statements made by Turner in the absence of Smith were deemed admissible as they furthered a common purpose between the two. The court also dismissed applications for separate trials, finding that joint trials were appropriate given the interrelated nature of the charges and evidence.
Details

Areas of Law

  • Criminal Law

Legal Concepts

  • Admissibility of Evidence

  • Breach of Contract

  • Judicial Review

  • Compensatory Damages

  • Contempt of Court

Actions
Download as PDF Download as Word Document


Cases Citing This Decision

80

Sepulveda v R [2006] NSWCCA 379
Sepulveda v R [2006] NSWCCA 379
Cases Cited

15

Statutory Material Cited

0

Police v Pocius [2018] SASC 38
Webb v the Queen [1994] HCA 30
R v Elomar (No 11) [2009] NSWSC 385