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R v Tarantino (No 6)

R v Tarantino (No 6)

Case [2019] NSWSC 1174 6 September 2019

Admissibility of Evidence

Mental Illness

Voluntariness of Admission

Criminal Law

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Supreme Court

New South Wales

Amendment notes

Medium Neutral Citation: R v Tarantino (No 6) [2019] NSWSC 1174
Hearing dates: 22 July to 7 August 2019;19 August to 27 August 2019
Date of orders: 30 August 2019
Decision date: 06 September 2019
Jurisdiction: Common Law - Criminal
Before: Beech-Jones J
Decision:
(1) The objections to the admissibility of the evidence of admissions described at [3], based in varying respects on ss 84, 85 and 90 of the Evidence Act 1995, are rejected.
(2) The evidence of the admissions will be admitted save that the admission of the evidence of the admissions recorded in the statements of Senior Constable Brooks and the statement of Senior Constable Wang is subject to the resolution of an objection under s 281 of the Criminal Procedure Act 1987.
Catchwords: EVIDENCE – criminal procedure – admissions – objection made under ss 84, 85 and 90 of the Evidence Act 1995 – accused suffers from a schizoaffective disorder manifesting in paranoia and persecutory delusions – accused perceived violent threats from outlaw motorcycle gangs over the course of 16 years – threats not made but accused believed they had been – accused believed he needed to confess to avoid harm to himself and others – beliefs delusional – discussion of common law “voluntariness” and the history of the Evidence Act 1995 – whether s 84 is engaged without “actual” threats – whether personal characteristics, including mental illness, of the accused are relevant in assessing the “circumstances” of the admission under s 85 – whether “unfairness” under s 90 is met without impropriety from interviewing officials and only the possibility of unreliability – jury to assess reliability of admissions in light of mental illness – evidence of admissions admitted.
Legislation Cited: Acts Interpretation Act 1901 (Cth)
Court Suppression and Non Publication Orders Act 2010
Criminal Law (Detention and Interrogation) Act 1995 (Tas)
Criminal Procedure Act 1987
Evidence Act 1995
Evidence Act 1995 (Cth)
Evidence Amendment Act 2007
Interpretation Act 1987
Cases Cited: Arnott v R (2009) 26 VR 490
Duke v The Queen (1989) 180 CLR 508
EM v The Queen (2007) 232 CLR 67
Georgiou & Harrison v R [2001] NSWCCA 464
Georgiou & Harrison v R [2005] NSWCCA 189
Habib v Nationwide News Pty Ltd (2010) 76 NSWLR 299
Kelly v The Queen (2004) 218 CLR 216
McDermott v The King (1948) 76 CLR 501
R v Azar (1991) 56 A Crim R 414
R v Blackman [2018] NSWSC 395
R v Braun (NSWSC, 24 October 1997, unrep)
R v Gallagher [2013] NSWSC 1102
R v Georgiou & Harrison [2000] NSWSC 287
R v Harrison & Georgiou [2003] NSWSC 1240
R v Lee (1950) 82 CLR 133
R v Lou [2017] ACTSC 127
R v Medcalfe [2002] ACTSC 83
R v Munce [2001] NSWSC 1072
R v Pfitzner (1996) 66 SASR 161
R v Pieter Egbert Helmout [2000] NSWSC 185
R v Rooke (NSWCCA, 2 September 1997, unrep)
R v Swaffield (1998) 192 CLR 159
R v…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading R v Tarantino (No 6)

Details

AGLC: R v Tarantino (No 6) [2019] NSWSC 1174
Case: [2019] NSWSC 1174
Decision Date: 06 September 2019

CaseChat Overview and Summary

The case of R v Tarantino (No 6) involved a criminal defendant, Mr Tarantino, who was suffering from a schizoaffective disorder marked by paranoia and persecutory delusions. He confessed to crimes due to his belief that he was under threat from outlaw motorcycle gangs, a belief which the court recognised was delusional. The case came before the court to determine the admissibility of Mr Tarantino’s admissions as evidence, given his mental health condition.

The primary legal issues were whether Mr Tarantino's admissions were voluntary under the common law, and if they could be admitted under sections 84, 85, and 90 of the Evidence Act 1995. The court had to consider whether the absence of actual threats could still engage section 84, the relevance of Mr Tarantino’s personal characteristics, including his mental illness, in assessing the "circumstances" of the admission under section 85, and whether the admissions were unfair under section 90 despite the absence of impropriety from the police.

The court found that the admissions were voluntary under common law and did not engage section 84, as the threats perceived by Mr Tarantino, though delusional, were perceived as real to him. Regarding section 85, the court held that the circumstances of the admission, including Mr Tarantino's mental illness, were relevant. The court emphasised that the jury was to assess the reliability of the admissions in light of his mental condition. Finally, the court determined that the admissions did not meet the threshold of unfairness under section 90, as there was no procedural impropriety, and the potential unreliability due to his mental illness was a matter for the jury to consider.

The final orders of the court were that the evidence of Mr Tarantino's admissions was to be admitted, subject to the jury being directed to consider the reliability of the admissions in light of his mental health condition.

Orders