R v Thomas - [2006] NTSC 87

R v Thomas [2006] NTSC 87

PARTIES: THE QUEEN

THOMAS, Angus

TITLE OF COURT: SUPREME COURT OF THE NORTHERN TERRITORY

JURISDICTION: SUPREME COURT OF THE NORTHERN TERRITORY

FILE NO: 20609404

DELIVERED: 14 November 2006

HEARING DATE: 10 November 2006

JUDGMENT OF: RILEY J

CATCHWORDS:

REPRESENTATION:

Counsel:
Applicant: A Elliott
Respondent: P Dwyer

Solicitors:
Applicant: Office of the Director of Public Prosecutions
Respondent: Northern Australian Aboriginal Justice Agency

Judgment category classification: B
Judgment ID Number: ril0618
Number of pages: 12

IN THE SUPREME COURT
OF THE NORTHERN TERRITORY
OF AUSTRALIA
AT DARWIN

The Queen v Thomas [2006] NTSC 87
No 20609404

BETWEEN:

THE QUEEN
Applicant

AND:

THOMAS, Angus
Respondent

CORAM: RILEY J

REASONS FOR JUDGMENT

(Delivered 14 November 2006)

[1] The accused is charged with two offences arising out of an incident which occurred on 29 March 2006. The first is that he attempted to have sexual intercourse with his alleged victim and the second that he deprived her of her liberty.

[2] The victim was attacked as she walked home from work. She was near to the Daly Street Bridge when an Aboriginal male tried to drag her off the street. It is not disputed that the accused was that man. He was detained at the scene and was subsequently arrested and conveyed to the Darwin City watchhouse.

[3] At the time of his arrest the accused was described as being very drunk. As a consequence he was not interviewed until the following day, 30 March 2006. At about 8.43 am on that day he was spoken to by Constable Hodgson and Constable Kronk pursuant to s 140 of the Police Administration Act. He was told that he was under arrest and he was provided with a caution advising him that he did not have to answer questions if he did not wish to do so. He was asked if he wanted anyone to sit with him in the interview and he said that he did not.

[4] At 9.29 am on the same day the same police officers conducted an electronically recorded interview with the accused. At that time he was again cautioned and then asked what had happened on the previous day. He told the police officers of “grabbing” the girl and said that he was “trying to – like trying to rape her”. This admission formed the basis of the Crown case that this was a sexual assault.

[5] The accused now seeks to exclude the record of interview. He raises the issue of voluntariness and an onus therefore falls upon the Crown to establish that he was a voluntary participant in the interview. In the event that the issue of voluntariness is resolved against him, the accused seeks to have the record excluded in the exercise of my discretion.

[6] I heard evidence from Constable Budge who arrested the accused at the scene and described him as being intoxicated. I heard evidence from Constable Hodgson and Constable Kronk as to the circumstances of the conducting…

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 Thomas

Details

AGLC: R v Thomas [2006] NTSC 87
Case: [2006] NTSC 87
Decision Date: 14 November 2006

CaseChat Overview and Summary

In the case of R v Thomas, the defendant faced charges in an Australian court over an incident where he was alleged to have made confessional statements during an interview with police. The primary dispute centred around the admissibility of the record of interview as evidence in the trial. The court was tasked with determining whether the statements made by the defendant were voluntary and reliable, and whether there was any unfairness or unlawfulness in their procurement.

The court considered several key legal issues. These included whether the statements were made voluntarily, whether the interview process was fair, and whether there were any grounds to exclude the evidence under the rules of fairness or reliability. Additionally, the court examined whether the evidence was obtained lawfully and whether any unfairness was present during the interview process.

In its reasoning, the court found that the statements were indeed voluntary and made without any overreaching of the defendant's will. The court observed that the defendant had a clear understanding of the discussion topics and that his statements were consistent with independent witness accounts and accepted facts of the incident. There was no suggestion of unlawful procurement of evidence or any unfairness during the interview. Consequently, the court concluded that there were no grounds to exclude the record of interview from the trial. The reliability of the statements was supported by their consistency with independent evidence and the defendant's acceptance of certain facts of the case.

The court ordered that the record of interview, with irrelevant material removed, be received into evidence at the trial, barring any further objections based on fairness or reliability. The statements would thus be considered by the jury in determining the defendant's guilt or innocence.

Orders

Orders of the court

I have concluded that the confessional statements made in the record of interview were voluntarily made. I see nothing in the interview that would cause me to conclude that it should be excluded on the grounds that to receive it would be unfair to the accused. There is no suggestion that the evidence was unlawfully obtained and, in my view, there was no unfairness visited upon the accused in the course of the conduct of the record of interview. Further, there is no suggestion that the material contained in the record of interview is in any way unreliable. Its reliability is reflected in the fact that it was volunteered by the accused in circumstances where his will was not overborne and he had a clear understanding of what it was that the police wished to discuss with him. The information volunteered by him is consistent with information obtained from independent witnesses who were at or near to the scene at the time the victim was attacked. The information is consistent with those facts relating to the incident which, I am informed, the accused accepts as having occurred.

Subject to the removal from the record of interview of material that is not relevant to the charges preferred against the accused, the record of interview is admissible and ought not be excluded in the exercise of my discretion.

The record of interview will be received into evidence at the trial.

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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