Collins, M. & Ors v. The Queen [1980] FCA 88

CATCHWORDS

Criminal law - Evidence - Murder - Interrogation of young Aboriginals while under arrest - Re-enactment - Photographs - Claim custody unlawful and that police neglected Anunga Rules concerning prisoner's friend and method of administering caution - Whether confessions voluntary - Whether confessions should be excluded in the exercise of discretion - Whether

adequate directions to jury concerning agreement to commit

a crime and withdrawal therefrom.

Police and Police Offences Ordinance, sub-s.34(1).

MARK COLLINS, KEVIN STUART, JOYLEEN WILLIAMS and JOSEPHINE WOODS v. THE QUEEN

Nos. NTG 23-25 of 1979; No. NTG 27 of 1979

Coram: Bowen C.J., Muirhead and Brennan JJ.

Sydney

IN THE FEDERAL COURT OF AUSTRALIA ) No. NTG 23 of 1979 ) No. NTG 24 of 1979 NORTHERN TERRITORY DISTRICT REGISTRY) No. NIG 25 of 1979 ) No. NTG 27 of 1979 GENERAL DIVISION )

ON APPEAL from a the Supreme Court of the Northern Territory BETWEEN:

MARK COLLINS, KEVIN STUART, JOYLEEN WILLIAMS and JOSEPHINE

WOODS Appellants AND: THE QUEEN Respondent ORDER JUDGES MAKING ORDER: Bowen C.J., Muirhead and Brennan JJ. DATE OF ORDER: 20 June 1980. WHERE MADE: Sydney. THE COURT ORDERS THAT: 1. The appellants' respective appeals against conviction be dismissed. 2. The appellants' respective appeals against sentence

be stood over generally.

3. All parties have liberty to apply.

IN THE FEDERAL COURT OF AUSTRALIA

) )

NORTHERN TERRITORY DISTRICT REGISTRY) Nos. NTG 23-25 of 1979 No. NTG 27 of 1979

GENERAL DIVISION

ON APPEAL from the Supreme Court of the Northern Territory of

Australia BETWEEN:

MARK COLLINS, KEVIN STUART, JOYLEEN WILLIAMS and JOSEPHINE

WOODS Appellants AND: THE QUEEN Respondent Coram: Bowen C.J., Muirhead and Brennan JJ. -_— oo JUVE 1980. REASONS FOR JUDGMENT BOWEN C.d.: The facts are set forth in the reasons for judgment of Muirhead J. and Brennan Jd. I shall not repeat