R v Neil Gordon CAMM; R v Harold Charles CARY; R v Elizabeth May QUINCE [2008] NSWDC 40

Reported Decision : 7 DCLR (NSW) 100

New South Wales District Court

CITATION: R v Neil Gordon CAMM; R v Harold Charles CARY; R v Elizabeth May QUINCE [2008] NSWDC 40

HEARING DATE(S): 7 February - 28 March 2008 - Trial

JUDGMENT DATE: 19 February 2008

JURISDICTION: Criminal

JUDGMENT OF: Goldring DCJ

DECISION: Direct that evidence of the record of interview with accused Cary and Quince be excluded.

CATCHWORDS: EVIDENCE - exclusion of record of interview - improperly or unlawfully obtained - right to communicate with legal practitioner - Aborigine - protected suspect

Crimes Act 1914 (Cth) LEGISLATION CITED: Crimes Act 1958 (Vic) Evidence Act 1995 (Cth)

Pollard v The Queen (1992) 176 CLR 177 CASES CITED: R v Markovina (1996) 93 ACR 149 R v Yu Tit Hoi NSWSC 11 April 1997

Crown PARTIES: Neil Gordon Camm (Accused) Harold Charles Cary (Accused) Elizabeth May Quince(Accused)

FILE NUMBER(S): 07/11/0355

P Roberts SC with C A Webster (Crown) COUNSEL: C Miralis (Camm) G Newton (Cary) J Trevallion (Quince)

Commonwealth DPP SOLICITORS: Nyman Gibson (Camm) John Klees & Assoc (Cary) Ross Hill & Assoc (Quince)

JUDGMENT

1 HIS HONOUR: In this case the Crown seeks to tender the record of an interview conducted by Federal police officers and others with the accused Cary and Quince, while the police were executing a search warrant, properly obtained, on the property occupied by the accused, 'V' near Hay. There is no challenge to the validity of the search warrant or to the way in which it was executed, nor to the admissibility of any material seized in the course of the execution of the warrant because of the manner of seizure.