Federal Court of Australia
CRIMINAL
CATCHWORDS
LAW - Interrogation
interrogation of Aborigines -
statements.
of suspect - guidelines for
admissibility of confessional
WILLIE GUDABI v THE QUEEN No. NT G17 of 1982
Wocdward, Melbourne
Sheppard and Neaves Jd.
10 February 1984
IN THE FEDLRAL COURT OF AUSTRALIA
NORTHERN TERRITORY DISTRICT REGISTRY No. NI G17 of 1982
GENERAL DIVISLON
ON APPEAL FROM THE SUPREME COURT OF
THE NORTHERN TERRITORY OF AUSTRALIA
BETWEEN:
WILLIE GUDABI Appellant and THE QUEEN Respondent ORDER
JUDGES MAKING ORDER Woodward, Sheppard and Neaves JJ.
o
DATE OF ORDER 10 February 1984
Melbourne
WHERE MADE
THE COURT ORDERS THAT:
The appeal be dismissed.
IN THE FEDERAIJ, COURT OF AUSTRALIA
NORTHERN TERRITORY DISTRICT REGISTRY No. NT G17 of 1982
GENERAL DIVISION
ON APPEAL FROM THE SUPREME COURT OF
THE NORTHERN TERRITORY OF AUSTRALIA
BETWEEN:
WILLIE GUDABI Appellant and THE QUEEN Respondent
CORAM: Woodward, Sheppard and Neaves JJ.
DATE: 10 February 1984
REASONS TOR JUDGMENT
THE COURT
The appellant, Willie Gudabi, was tried before the Chief Justice of the Supreme Court of the Northern Territory (Forster C.J.) and a jury on two counts of rape punishable by section 60 of
the Criminal Law Consolidation Act of the Northern Territory.
Each of the two counts alleged that the accused at Ngukurr in the
Northern Territory had sexual intercourse with Amy Lansen without
her consent. The first count alleged that the offence took place on or about 7 January 1981. The offence in the second count was
alleged to have taken place on or about 1 October 1981.
The jury returned a verdict of guilty on the first count and not guilty on the second. The accused was sentenced on 7 June 1983 to imprisonment with hard labour for two years but released forthwith pursuant to the provisions of the Criminal Law
(Conditional Release of Offenders) Act of the Northern Territory
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