R v APCR R v CP [2006] NSWDC 12

New South Wales District Court

CITATION: R v APCR R v CP [2006] NSWDC 12

HEARING DATE(S): 05/04/06, 06/04/06 - 07/04/06

JUDGMENT DATE: 7 September 2006

JUDGMENT OF: Nicholson SC DCJ

DECISION: Records of Interview rejected

CATCHWORDS: Criminal law - Arrest - Aboriginal - Juvenile - Admissibility, Record of Interview - Custody Manager Guidelines - Aboriginal Custody Notification - Aboriginal Legal Service (ALS) - representative Aboriginal Service organisation, meaning of - investigation period.

Reg 29 - Crimes (Detention after Arrest) Act (NSW) Crimes (Detention after Arrest) Regulations (NSW) LEGISLATION CITED: Part 10A – Crimes Act 1900 (NSW). Law Enforcement (Powers and Responsibilities) Act 2002 (NSW). S13(1) Children (Criminal Proceedings) Act 1987 (NSW) S90 Evidence Act 1995 (NSW)

R v Collins (1980) 31 A.L.R. 257 CASES CITED: R v Phung and Huinh [2001] NSW SC 115 R v Helmhut [2001] NSW CCA 372

PARTIES: Regina v APCR Regina v CP

FILE NUMBER(S): 06/31/0046; 06/31/0067

Regina - L Gray COUNSEL: APCR - T Golding CP - M. Cavanagh

Solicitor for Public Prosecutions. SOLICITORS: Legal Aid Commission Many Rivers Aboriginal Legal Service.

JUDGMENT

1 HIS HONOUR: On the admission and of Records of Interview of each accused.

2 Eva McBride, an eighty-one year old senior was first seen by police lying on the ground being treated by ambulance officers for injuries on her face. The prosecution case is that each of the accused approached Mrs McBride from behind shortly after she had alighted from her car at the Foster Ten Pin Bowling Centre. APC it is alleged ran up, grabbed her handbag, pulling it from her shoulder. She fell to the ground. Both accused then ran from the car park.