NSW Caselaw
New South Wales District Court
CITATION: R v Powell, Steven [2010] NSWDC 84
HEARING DATE(S): 05/02/2010 and 12/02/10
JUDGMENT DATE: 8 March 2010
JURISDICTION: Criminal
JUDGMENT OF: Nicholson SC DCJ
DECISION: Application to exclude E.R.I.S.P granted.
CATCHWORDS: Criminal Law - interlocutory judgment - application to exclude evidence - record of interview - nineteen year old Aboriginal male arrested - declined to be interviewed - charged with aggravated break and enter, larceny of motor vehicle - brought before Local Court - bail refused remanded in custody - re-arrested whilst in gaol custody for questioning about charged offences - taken to Wellington Police Control Centre within gaol - vulnerable person - unlawfulness of arrest discussed - inadequacy of caution given - Part 9 "Lepra" caution criticised - police conduct and questioning technique during interview criticised - compromised capacity to comply with LEPRA requirements when police interviews conducted inside a prison.
S.25 Crimes (Administration of Sentence) Act 1999 Part 9 Law Enforcement (Powers and Responsibilities) Act (2005) LEGISLATION CITED: S.89, 90, 138 Evidence Act 1995 Law Enforcement (Powers and Responsibilities) Regulations 2005 Crimes Act 1900
CASES CITED: Swaffield v The Queen (1998) 192 CLR 159 R v Mark Helmut [2001] NSWCCA 372.
TEXTS CITED: NSW Police Code of Conduct and Ethics. Code of Practice for CRIME (Custody, Rights, Investigation, Management and Evidence).
PARTIES: Regina Steven Powell
FILE NUMBER(S): 2009/10695
SOLICITORS: Crown: Mr. C Bailey - Office of the DPP Defence: Mr S Lawrence - Aboriginal Legal Service
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