Ridley v The King

Case [2024] VSCA 308


SUPREME COURT OF VICTORIA

COURT OF APPEAL

S EAPCR 2024 0166
LIAM RIDLEY (A PSEUDONYM) Applicant
v
THE KING Respondent

---

JUDGES: TAYLOR JA and FOX AJA
WHERE HELD: Melbourne
DATE OF HEARING: 21 November 2024 
DATE OF JUDGMENT: 11 December 2024
MEDIUM NEUTRAL CITATION: [2024] VSCA 308
JUDGMENT APPEALED FROM: DPP v [Ridley] (County Court of Victoria, McInerney J, 2 September 2024).

---

CRIMINAL LAW – Interlocutory appeal – Pending trial for aggravated home invasion – Admissions to police undercover operatives in cells and in a record of interview – Admissions alleged to have been made after an earlier, unrecorded interview – Failed police recording – Whether the trial judge erred in refusing to exclude the admissions – No error – Application for leave to appeal refused.

Evidence Act 2008 ss 85, 90.

Em v The Queen (2007) 232 CLR 67 – R v Em [2003] NSWCCA 374 – House v The King (1936) 55 CLR 499 – DPP (NSW) v Sullivan [2022] NSWCCA 183, considered.

---

Counsel

Applicant: Mr H Rattray
Respondent: Mr D Porceddu and Mr M Turner

Solicitors

Applicant: Malkoun & Co Lawyers
Respondent: Ms A Hogan, Solicitor for Public Prosecutions

TAYLOR JA:

  1. Having had the advantage of reading in draft the reasons for judgment of Fox AJA, I agree with them and the order proposed.

FOX AJA:

Introduction

  1. The applicant faces trial in the County Court on one charge of aggravated home invasion and six other charges arising from an incident that occurred on 24 April 2023. It is alleged the applicant, together with three co-offenders, forced his way into a house in Melton South. The occupants of the house were assaulted, shots were fired, and a car and other items were stolen.

  2. The applicant is jointly indicted with one of the co-offenders, KL. The applicant is also charged with two charges of possessing a drug of dependence, arising from the execution of a search warrant at his premises on 23 May 2023. He intends to plead guilty to those charges.

  3. On 23 May 2023, the applicant was arrested in relation to the aggravated home invasion and conveyed to the Geelong police station. During the course of the day, the applicant participated in a record of interview, which occurred in three stages. He was also lodged in the police cells on two occasions, where it is alleged he made certain admissions to two undercover operatives.

  4. The applicant applied to exclude what has been called the ‘third interview’. The applicant also applied to exclude the evidence of what he said to the undercover operatives on the two occasions he spoke with them in the police cells.

  5. On 2 September 2024, the trial judge refused the applications (‘the interlocutory decision’). On the same day, the trial judge certified the interlocutory decision pursuant to s 295(3)(a) of the Criminal Procedure Act2009 (‘CPA’). The applicant seeks leave to appeal against the interlocutory decision on a single ground formulated as follows:

    The learned trial…

Continue reading Ridley v The King

Sign in free to access the full text

Details
AGLC
Ridley v The King [2024] VSCA 308
Case
[2024] VSCA 308
Decision Date

CaseChat Overview and Summary

The case of Ridley v The King involved an interlocutory appeal in a criminal matter, where the appellant faced a trial for aggravated home invasion. The central issue before the court was whether the trial judge had erred in his refusal to exclude certain admissions made by the appellant to police undercover operatives during two separate interviews. The first interview was unrecorded, while the second occurred after a failed police recording. The appellant argued that the admissions made during the second interview should be excluded due to the absence of a recorded interview following the first.

The court considered the legal framework provided by the Evidence Act 2008, specifically sections 85 and 90, which pertain to the admissibility of evidence and the protection of a person’s right to silence. The court also reviewed relevant case law, including Em v The Queen, R v Em, House v The King, and DPP (NSW) v Sullivan. These cases provided guidance on the principles of fairness and the admissibility of evidence obtained in the context of undercover police operations.

In examining the evidence and the trial judge's decision, the court determined that there was no error in allowing the evidence from both undercover interactions to be used in the trial. The court found that the trial judge had properly weighed the factors of fairness and the context in which the admissions were made. The court concluded that the trial judge's decision did not prejudice the appellant's right to a fair trial and that the evidence was properly obtained and admissible under the circumstances.

Accordingly, the application for leave to appeal against the interlocutory decision was refused. The court's decision upheld the trial judge's ruling that the evidence from both undercover interactions could be utilised in the trial of the appellant.

Orders

Orders of the court

Full text does not contain this section.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

His Honour was correct to conclude that it would not be unfair to the use the evidence of both the first and second undercover interactions in the trial of the applicant.Conclusion The application for leave to appeal against the interlocutory decision should be refused.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.