Smith v R [1957] HCA 3

Cons, Dist Foll

Murdoch, fanning y CVR (199

Mr Haein SS xeMR a

7 Nig' ACtimR 118 100 HIGH COURT (1956-1957. [HIGH COURT OF AUSTRALIA.] SMITH : 5 ¥ . . 5 é . APPELLANT ; AGAINST

THE QUEEN 5 : ° 9 3 : . Responpenr.

H.C. or A. Criminal Law—Hvidence—' Person in custody"—Interrogation by police—Con-

1956-1957. nH 1956, Sypyey, Dec. 10, 113

1957, Jan, 21.

McTiernan, 'Williams, Webb and Taylor JJ.

fession—Statements and answers by person—Voluntariness—Warning— Promise or threat—Admissibility—Voir dire—Duties of police—Sufficiency of confessions—Bvidence Ordinance 1934-1951 (Pap. & N.G.), s. 15—Laws Repeal and Adopting Ordinance 1921-1939 (Pap. & N.G.), s. 16—Judiciary Ordinance (Pap. & N.G.), 8, 24—Judges' Rules 1912-1930 (Imp.).

S., a three-quarter caste male aged nineteen years, of limited experience and education, was charged in the Supreme Court of the Territory of Papua and New Guinea at Rabaul, before the Chief Justice, as judge and jury, with wilfully murdering A., a female, and L., a male, both of whom were friends of S. A.'s body, partly buried and with severe injuries, especially to the head, was found early on a Sunday morning on a golf-course, and L. was found unconscious about twenty yards away with many injuries including, as in the case of A., a depressed compound fracture of the skull, the surrounding ground being blood-stained. L. died three days later without recovering consciousness. On the following Monday morning at the request of two sub- inspectors of police S. accompanied them to the investigating room at the police station to see C., an inspector of police, who was away. S. was invited to sit down and wait. It was alleged that one of the sub-inspectors told 8. that $. would not go home till he told the truth. Upon his arrival about an hour later ©. mentioned to 8. that inquiries wore being made con- cerning the death of A. and, at the request of C., S. informed C. as to his move- ments on the preceding Saturday night. C. left the police station and about two hours later, having made some further inquiries, he returned thereto and found §. still sitting in the investigating room. After further questions to and answers by S., C. again left the police station, made further inquiries and returned to the police station about one and one-half hours later having taken possession of all S.'s belongings. C. again plied S. with questions and 8. broke down and sobbed bitterly. Whon S. had composed himself a sub- inspector of police asked S. if he would like to tell about the trouble, and S.