Tofilau v The Queen [2007] HCA 39

HIGH COURT OF AUSTRALIA

GLEESON CJ

GUMMOW, KIRBY, HAYNE, CALLINAN, HEYDON AND CRENNAN JJ

Matter No M144/2006

LEMALUOFUIFATU ALIPAPA TOFILAU APPELLANT

AND

THE QUEEN RESPONDENT

Matter No M145/2006

MATTHEW JOSEPH MARKS APPELLANT

AND

THE QUEEN RESPONDENT

Matter No M146/2006

SHANE JOHN HILL APPELLANT

AND

THE QUEEN RESPONDENT

Matter No M147/2006

MALCOLM JOSEPH THOMAS CLARKE APPELLANT

AND

THE QUEEN RESPONDENT

Tofilau v The Queen

Marks v The Queen

Hill v The Queen

Clarke v the Queen

[2007] HCA 39

30 August 2007

M144/2006, M145/2006, M146/2006 & M147/2006

ORDER

Each appeal is dismissed.

On appeal from the Supreme Court of Victoria

Representation

O P Holdenson QC with L C Carter for the appellants in M144/2006 & M146/2006 (instructed by Victoria Legal Aid)

P F Tehan QC with C B Boyce for the appellant in S147/2006 (instructed by Ronald V Tait)

G J Lyon SC with M J Croucher for the appellant in S145/2006 (instructed by Victoria Legal Aid)

P A Coghlan QC with J D McArdle QC and S B McNicol for the respondents (instructed by Solicitor for Public Prosecutions (Vic))

Notice: This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.

CATCHWORDS

Tofilau v The Queen; Marks v The Queen; Hill v The Queen; Clarke v The Queen

Criminal law – Evidence – Confessions and admissions – Scenario evidence – Undercover police officers posing as a criminal gang used scenarios involving staged criminal conduct to gain the trust of persons suspected of committing a serious crime – On condition that the person tell the gang boss the truth about his prior criminal activity, the gang boss offered that person membership of the gang with concomitant material benefits and the prospect of illegally avoiding prosecution for prior crimes – Whether the resulting confessions were admissible.