SUPREME COURT OF VICTORIA
COURT OF APPEAL
S APCR 2018 0025
| THE QUEEN |
| V |
| LINTON PETERS (a pseudonym)[1] |
[1]To ensure that there is no possibility of identification, this judgment has been anonymised by the adoption of a pseudonym in place of the name of the respondent.
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| JUDGES: | OSBORN, KAYE and NIALL JJA |
| WHERE HELD: | MELBOURNE |
| DATE OF HEARING: | 12 April 2018 |
| DATE OF JUDGMENT: | 9 May 2018 |
| MEDIUM NEUTRAL CITATION: | [2018] VSCA 115 |
| JUDGMENT APPEALED FROM: | Case stated by order of the Honourable Justice Beale dated 15 February 2018 and amended on 1 May 2018 |
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CASE STATED – Public interest immunity – Form of questions – Amendment of questions reserved – Whether findings of fact open to trial judge – Whether conclusion relating to evidence capable of raising a public interest in the accused’s fair trial – Matter remitted to trial judge for further consideration having regard to answers to the questions reserved.
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| APPEARANCES: | Counsel | Solicitors |
| For the Crown | Mr M J Rochford QC with Ms N Warda | Mr John Cain, Solicitor for Public Prosecutions |
| For the Accused | Mr P J Morrisey SC with Ms G Morgan | Stephen Andrianakis & Associates |
| For the Commonwealth | Mr T Howe QC with Ms I Sekler | Australian Government Solicitor |
| For the Chief Commissioner of Victoria Police | Mr E M Nekvapil | Victorian Government Solicitor |
OSBORN JA
KAYE JA
NIALL JA:
Linton Peters (a pseudonym) is charged with the murder of AB.
The murder charge is proceeding through pre-trial steps in the Trial Division of this Court.
It is not disputed that Peters shot AB causing his death. The defence seeks to put in issue self-defence.
The Crown does not concede that the evidence currently available discharges the evidential burden upon the defence of raising the issue of self-defence by presenting or pointing to evidence that suggests a reasonable possibility of the existence of facts that if they existed, would establish self-defence.[2]
[2]Crimes Act 1958, s 322I(1).
The defence relies upon a body of information, principally derived from Victoria Police (‘Vic Pol’) documentation which demonstrates a background of dispute which would provide a motive for hostility on the part of AB towards Peters at the time of the fatal confrontation which culminated in the shooting.
The defence has sought production of documentation from the Commonwealth with respect to information bearing on the background of dispute.
In turn, the Commonwealth has claimed public interest immunity (‘PII’) with respect to certain information held by it.
That claim fell to be decided in accordance with s 130 of the Evidence Act 2008, which applied by reason of the extended operation given to it by s 131A.
Section 130 provides:
130 Exclusion of evidence of matters of state
(1)If the public interest in admitting into evidence information or a document that relates to matters of state is outweighed by the public interest in preserving secrecy or confidentiality in relation to the information or document, the court may direct that the information or document not…
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- AGLC
- The Queen v Peters (a Pseudonym) [2018] VSCA 115
- Case
- [2018] VSCA 115
- Decision Date
CaseChat Overview and Summary
The legal issues before the court included whether the trial judge was required to make findings of fact regarding the evidence before him, and if so, whether those findings could influence the decision on whether the public interest immunity certificate should be upheld. Additionally, the court had to determine if the conclusions derived from such evidence could potentially prejudice the fairness of the trial. The appellant argued that the trial judge should have made specific findings of fact to ensure the proper application of public interest immunity.
The court found that the trial judge was not obligated to make factual findings about the evidence when deciding on the public interest immunity certificate. However, it emphasised that if the evidence could potentially prejudice the fairness of the trial, those findings would be necessary. The court concluded that the trial judge's decision should be reconsidered in light of the answers to the questions reserved. It was determined that the matter should be remitted to the trial judge for further consideration, taking into account the answers to the questions that had been reserved. This decision ensures that the balance between public interest and the accused's right to a fair trial is properly maintained.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
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Ratio Decidendi
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