The Queen v Grant

[2007] NTSC 50

The Queen v Grant [2007] NTSC 50

PARTIES: THE QUEEN

v

GRANT, David Ian

TITLE OF COURT: SUPREME COURT OF THE NORTHERN TERRITORY

JURISDICTION: SUPREME COURT OF THE NORTHERN TERRITORY EXERCISING TERRITORY JURISDICTION

FILE NO: 20623974

DELIVERED: 11 October 2007

HEARING DATES: 9 & 10 October 2007

JUDGMENT OF: OLSSON AJ

CATCHWORDS:

CRIMINAL LAW AND PROCEDURE – evidence – voir dire – admissibility of three records of interview – whether the accused was so intoxicated as to render him incapable of rationally making a free choice as to whether to speak or remain silent – whether adequate caution given as to the nature of the interview – whether removal of accused from remand centre of Alice Springs Correctional Centre into custody of police officers was unlawful - Whether failure to contact the legal representative of the accused prior to interview resulted in unfairness to the accused.

Police Administration Act 1994 (NT)
Prisons (Correctional Services) Act 1996 (NT)

Cited:

Bara (1998) 106 A Crim R 1;
Dumoo v Garner (1997) 7 NTLR 129
R v Echo (1997) 136 FLR 451;
Regina v Kirk [2000] 1 WLR 567;
Kirkman v Moore [2001] NTSC 33;
The King v Lee (1959) 82 CLR 133;
The Queen v Miller (1980) 25 SASR 170
Murielle and Others v Moore and Another [2000] NTSC 23;
The Queen v Ostojic (1978) 18 SASR 188;
Ridgeway (1995) 78 A Crim R 307;
R v Smith (1992) 58 SASR 491;
The Queen v Swaffield (1997) 192 CLR 159

REPRESENTATION:

Counsel:
Crown: Dr N Rogers
Defence: M O’Connell

Solicitors:
Crown: Office of the Director of Public Prosecutions
Defence: Northern Territory Legal Aid Commission

Judgment category classification: B
Judgment ID Number: Ols
Number of pages: 33
IN THE SUPREME COURT
OF THE NORTHERN TERRITORY
OF AUSTRALIA
AT ALICE SPRINGS

The Queen v Grant [2007] NTSC 50
No 20623974

BETWEEN:

THE QUEEN
Crown

AND:

GRANT, David Ian
Defence

CORAM: OLSSON AJ

REASONS FOR JUDGMENT

(Delivered 11 October 2007)

Introduction

[1] The accused stands charged with having murdered Richard Freeman on 16 September 2006. The Crown asserts that, at about 10.00 pm on that day, the accused inflicted two stab wounds on Freeman with a knife, as a consequence of which he died.

[2] The stabbing occurred at Unit 2, 56 Bradshaw Drive, Alice Springs, where the accused lived. The evidence indicates that, as at the date of his death, the deceased had, apparently at the invitation of the accused, also resided at the unit for about two years.

[3] The two men were said to have met at the Salvos. I infer that neither of them were employed. Certainly, it seems that the accused had suffered a severe neck injury at some stage, for which he regularly took potent pain killing medication. The personal situation of the deceased does not readily emerge at this stage.

[4] Police arrived at the Unit some time after 11.00 pm., at which point the accused was observed to approach the…