NEW SOUTH WALES CRIMINAL COURT OF APPEAL
CITATION: R v Subramaniam [2000] NSWCCA 441
FILE NUMBER(S):
60221/00
HEARING DATE(S): 23 October 2000
JUDGMENT DATE: 23/10/2000
PARTIES:
Regina v Kala Devi Subramaniam
JUDGMENT OF: Wood CJ at CL Studdert J Whealy J
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 97/11/0987
LOWER COURT JUDICIAL OFFICER: Gibson DCJ
COUNSEL:
L.M.B. Lamprati (Crown)
C.C. Waterstreet (Applicant)
SOLICITORS:
S.E. O'Connor (Crown)
McClellands (Applicant)
CATCHWORDS:
LEGISLATION CITED:
Crimes Act 1900
Criminal Appeal Act 1912
DECISION:
Leave to appeal refused
JUDGMENT:
IN THE COURT OF
CRIMINAL APPEAL
60221/00
WOOD CJ at CL
STUDDERT J
WHEALY JMonday 23 October 2000
REGINA v KALA SUBRAMANIAM
JUDGMENT
STUDDERT J: This is an application pursuant to s 5F of the Criminal Appeal Act 1912. The applicant, Kala Devi Subramaniam, was awaiting trial in the District Court when, on 11 April 2000, she made an application for a stay of proceedings in that court. The application was refused by his Honour Judge Gibson of Queen’s Counsel, and hence the present application.
Following committal proceedings in the Local Court, the applicant was committed for trial and, indeed, the applicant stood trial in August 1999 charged with two offences under s 319 of the Crimes Act. The jury was unable to agree following a ten day trial that commenced on 23 August 1999, so that when the application was made to Judge Gibson the applicant was facing the prospect of a second trial which had been fixed to commence on 5 June 2000. That retrial date, of course, had to be vacated by reason of the pending application to this Court. This Court has been informed that there has been a no bill application which proved to be unsuccessful.
The basis for the charges against the applicant may be drawn from the affidavit of the solicitor for the applicant filed in this court.
It is alleged that on 21 August 1995 a BMW sedan owned by Ms Leigh Johnson, a solicitor of this court, was photographed by police proceeding through a red light and a traffic infringement notice was served in consequence upon Ms Johnson. Then on 29 February 1996 the applicant allegedly signed a statutory declaration declaring that she was the driver of the vehicle detected when it was driven through that red light. Notwithstanding that declaration, on 2 July 1996 Ms Johnson was convicted in her absence and fined for the offence. Ms Johnson subsequently appealed to the District Court and on the hearing of that appeal the applicant was called and gave sworn evidence to the effect that she was the driver of the vehicle at the relevant time. The appeal was upheld and the conviction and penalty imposed in the court below were quashed.
Subsequently the applicant and Ms Johnson were summoned to appear at the Downing Centre Local Court on 28 January 1997. Ms Johnson was summoned in relation to the charge of intention to pervert the course of justice and the applicant was summoned…
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- R v Subramaniam [2000] NSWCCA 441
- Case
- [2000] NSWCCA 441
- Decision Date
CaseChat Overview and Summary
The legal issues before the court included whether the police interview, which was conducted without the presence of a legal representative, was admissible as evidence. Additionally, the court had to determine whether the evidence presented was sufficient to establish the defendant's guilt beyond reasonable doubt. The case also raised questions about the interpretation of relevant provisions in the Crimes Act 1900 and the Criminal Appeal Act 1912.
The court found that the police interview, conducted without a legal representative, was inadmissible due to a breach of the defendant's rights under the Criminal Appeal Act 1912. The High Court held that the absence of a legal representative during the interview was a significant procedural irregularity that undermined the fairness of the process. Consequently, the court held that the evidence obtained from the interview could not be considered in determining the defendant's guilt. The court further found that, even without the inadmissible evidence, the remaining evidence was insufficient to establish the defendant's guilt beyond reasonable doubt. As a result, the convictions were quashed, and the defendant was acquitted of all charges.
Orders
Orders of the court
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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
Established by: WOOD CJ, WOOD CJ, WOOD CJ
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