R v Weston & Williams [2005] NTSC 49
PARTIES: THE QUEEN
v
CLINTON WESTON
and
ADRIAN WILLIAMS
TITLE OF COURT: SUPREME COURT OF THE NORTHERN TERRITORY
JURISDICTION: SUPREME COURT OF THE NORTHERN TERRITORY exercising Territory jurisdiction
FILE NO: 20413375, 20413376
DELIVERED: 7 September 2005
HEARING DATES: 16 – 20, 23 – 25 May 2005
JUDGMENT OF: THOMAS J
CATCHWORDS:
EVIDENCE – CONFESSIONS AND ADMISSION – JUDICIAL DISCRETION TO ADMIT OR EXCLUDE EVIDENCE – ARREST AND INTERVIEW – JUVENILE SUSPECTS
REPRESENTATION:
Counsel:
Appellant: K Ratcliffe
1st Respondent: K Kilvington
2nd Respondent: R Goldflam
Solicitors:
Appellant: Office of the Director of Public Prosecutions
1st Respondent: Central Australian Aboriginal Legal Aid Service
2nd Respondent: Northern Territory Legal Aid Commission
Judgment category classification: C
Judgment ID Number: tho200505
Number of pages: 67
IN THE SUPREME COURT OF THE NORTHERN TERRITORY
OF AUSTRALIA AT DARWIN
R v Weston & Williams [2005] NTSC 49
20413375, 20413376
BETWEEN:
THE QUEEN
AND:
CLINTON JOHN WESTON
and
ADRIAN WILLIAMS
CORAM: THOMAS J
REASONS FOR JUDGMENT
(Delivered 7 September 2005)
[1] Clinton Weston and Adrian Williams have each pleaded not guilty to two counts on indictment that:
“Count 1
On 18 March 2003 at Tennant Creek in the Northern Territory of Australia, had sexual intercourse with [SH] without her consent
Section 192(3) of the Criminal Code.
AND FURTHER
Count 2
At a time subsequent to Count 1, on 18 March 2003 at Tennant Creek in the Northern Territory of Australia, had sexual intercourse with [SH] without her consent
Section 192(3) of the Criminal Code.”
[2] This is an application on behalf of Clinton Weston and Adrian Williams pursuant to s 26L of the Evidence Act for a ruling as to the admissibility of records of interview conducted with each of the defendants. Adrian Williams also challenges the admissibility of forensic evidence obtained from his clothing and from a buccal swab.
[3] The background to the charges is as follows:
[4] On the night of 18 March 2003, police at Tennant Creek Police Station received a complaint from SH. Constable Peter Dash interviewed SH at the hospital prior to midnight on 18 March 2003 (Exhibit D2). On 19 March 2003, Constable Dash obtained a statement from SH (Exhibit D3). SH stated that on the night of 18 March 2003, she had been drinking with a group of friends at Tennant Creek. She decided to return to her home at Village Camp. She was walking down the laneway at the back of the garage which is opposite the chicken shop on the main street of Tennant Creek. In her statement, she says that two boys walked up to her and started asking her for sex. She described them as being aboriginal and described what each of the boys were wearing. In her interview with Constable Dash, she described them as being young, like 20 years old. She states that they asked her for sex and when she said no, one of the two…
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- AGLC
- R v Weston and Williams [2005] NTSC 049
- Case
- [2005] NTSC 49
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