R v Raymundo Antonio Orellana (No 3) [2009] NSWDC 199

New South Wales District Court

CITATION: R v Raymundo Antonio Orellana (No 3) [2009] NSWDC 199

JUDGMENT DATE: 20 July 2009

JURISDICTION: District Court of New South Wales

JUDGMENT OF: Cogswell SC DCJ

DECISION: The evidence tendered is admissible.

CATCHWORDS: CRIMINAL LAW - evidence - voir dire - admissibility of part of record of interview - whether admissions obtained improperly or in contravention of law - probative value of admission - delay between initial contact with Australian Federal Police and commencement of interview - opportunity to contact a lawyer - opportunity to contact friend - administration of caution - principles for police questioning

Crimes Act 1914 (Cth) s 23G, s 23L LEGISLATION CITED: Criminal Code Act 1995 (Cth) s 307.1 Evidence Act 1995 s 84, s 89, s 90, s 135, s 138, s 189

R v Moffatt (2000) 112 A Crim R 201 CASES CITED: Regina v Plevac (1995) 84 A Crim R 570 Regina v Quach (2002) 137 A Crim R 345

PARTIES: R Raymundo Antonio Orellana

FILE NUMBER(S): 2009/11/0064

COUNSEL: Mr G.K. Walsh Mr B. Brassil

SOLICITORS: Commonwealth Director of Public Prosecutions Proctor and Associates

JUDGMENT

1. Mr Raymundo Antonio Orellana is being prosecuted by the Commonwealth Director of Public Prosecutions. He was charged by the Australian Federal Police with importing a substance being a border controlled drug. The drug is alleged to be cocaine and it is also alleged that it was a commercial quantity of cocaine. The offence is alleged to have been committed on 18 November 2007. It is an offence against s 307.1 of the Criminal Code Act 1995 of the Commonwealth.