R v Taylor

The applicant, Taylor, was charged with attempted murder and murder and applied under s 590AA of the Criminal Code 1899 (Qld) to have statements made to covert police operatives excluded from evidence on the grounds of lack of voluntariness. The court was required to decide whether the admissions made by Taylor were voluntary and whether it would be unfair to admit them as evidence against him at his trial. The court heard evidence from five witnesses, all police officers involved in the covert operation. The covert operation involved 19 police officers from Queensland and Victoria and was carried out in Queensland, New South Wales and Victoria. Fourteen scenarios were enacted between 14 November 2013 and 5 February 2014. The operation was not intended to be a "controlled operation" within the meaning of Chapter 11 of the Police Powers and Responsibilities Act 2000 (Qld) and, accordingly, no authorisation pursuant to those provisions was sought or, in the event, was necessary. The covert operatives were not to engage in any unlawful activities. The court found that the admissions made by Taylor were voluntary and that it would not be unfair to admit them as evidence against him at his trial. The application to exclude the evidence was dismissed.