NSW Caselaw
New South Wales District Court
CITATION: R v Kemp, Darren [2008] NSWDC 312
HEARING DATE(S): 24/07/08 25/07/08
JUDGMENT DATE: 29 July 2008
JURISDICTION: Criminal
JUDGMENT OF: Nicholson SC DCJ
DECISION: The tender of recordings made by the undercover police in Cell 3 at the Newtown Police Station on 19 February 2005 is rejected.
CATCHWORDS: Criminal law - trial - interlocutory application - exclusion of evidence of admissions - accused arrested for surreptitious questioning - listening device lawfully installed in police cells - accused placed in designated cell - undercover police operatives inveigle admissions from accused - LEPRA provisions reviewed - unlawful arrest - arrest for unlawful purpose -absent lawful arrest investigation period for questioning unavailable - distinction between 'fishing trip' and investigation - difference in focus between s.139 and s.90 Evidence Act 1995
ss 90, 138 Evidence Act 1995 LEGISLATION CITED: Part 9 Law Enforcement (Powers and Responsibilities) Act 2002 (LEPRA) Crimes Act 1900 Bail Act 1978
Williams v The Queen (1986) 161 CLR 278 at 306 per Wilson and Dawson JJ Cleland v The Queen Bales v Parmeter (1935) 35 S.R. (NSW) 182 at pp188-189 Tofilau v R 238 ALR 650 CASES CITED: Em v R 239 ALR 204 R v Broyles [1991] 3 S.C.R. 595 R v Mullah [2005] NSWSC 358 R v Swaffield 72 ALJR 339 R v Collins [1987] 1 SCR 265 v Herbert [1990] 2 SCR 151
PARTIES: Regina Darren Michael Kemp
FILE NUMBER(S): 07/21/0242
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