Seymour, Michael Thomas v Attorney General for the Commonwealth of Australia & Ors [1984] FCA 117

CATCHWORDS

ADMINISTRATIVE LAW - judicial review - applicant

seeking to have reviewed decision of stipendiary magistrate

in committal proceedings to admit confessional statements - rules relating to confessional evidence - general discretion to exclude evidence which is improperly or unfairly obtained - exceptional circumstances generally required before superior

courts will interfere in respect of committal proceedings.

Administrative Decisions (Judicial Review) Act 1977

Crimes Act 1914, s.42

Customs Act 1901, s.233B

Justices Act 1902 (NSW), s.26

Crimes Act 1900 (NSW), s.410

MICHAEL THOMAS SEYMOUR -v- ATTORNEY-GENERAL FOR THE COMMONWEALTH OF AUSTRALIA and ARTHUR RIEDEL and WILLIAM RAYMOND DONALDSON

(NSW G221 of 1983)

FITZGERALD J. BRISBANE 8 MAY 1984

IN THE FEDERAL COURT OF AUSTRALIA) NEW SOUTH WALES REGISTRY ) NSW G221 of 1983 b GENERAL DIVISION )

BETWEEN:

MICIIAEL THOMAS SEYMOUR

Applicant AND: ATTORNEY-GENERAL FOR THE COMMONWEALTH OF AUSTRALIA and ARTHUR RIEDEL and WILLIAM RAYMOND DONALDSON Respondents ORDER JUDGE MAKING ORDER: FITZGERALD J. DATE OF ORDER: 8 MAY 1984 WHERE MADE: BRISBANE

THE COURT ORDERS THAT:

1. The application be dismissed with costs

including reserved costs if any to be taxed.

no

IN THE FEDERAL CQURT OF AUSTRALIA '

NEW SOUTH WALES REGISTRY ) NSW G221 of 19863 GENERAL NIVISION ) BETWEEN:

MICHAEL THOMAS SEYMOUR

Applicant ANT:

ATTOKNEY-GENEKAL FOR THE COMMONWEALTH

OF AUSTRALIA amd ARTHUR RIEVEL ard WILLIAM RAYMOND DBONALESON

Respondents

FITZGERALD J. 8 MAY 1984

REASONS FOR JUDGMENT

This 1s an application under the Administrative Decisions (Jundicial Review) Act 1977 (the Judicial Keview Act")

.

to review a decision of a New South Wales Stipendiary Magistrate appointed under the Justices Act 1902 (New South Wales) ("the Justices Act"). Om 21 April 1983, the Magistrate committed the applicant for trial before the District Court of New South Wales on a charge under 5.42 of the Crimes Act 1914 that, between 10 flecember 1979 and 14 June 1980 at Sydney ain the State of New South Wales and elsewnere, he conspired with Besmond Alfred