P v M [2004] NSWLC 5

Local Court of New South Wales

CITATION: P v M [2004] NSWLC 5 JURISDICTION: Children's Court PARTIES: P v M FILE NUMBER: PLACE OF HEARING: Campbelltown Children's Court DATE OF DECISION: 09/17/2004 MAGISTRATE: CATCHWORDS: ERISP - Young Person - Decline to Participate in ERISP interview LEGISLATION CITED: Evidence Act s 138 s 90 CASES CITED: R v Phung & Huynh [2001] NSWSC 115 at [52] Foster v The Queen (1993) 67 ALJR 550 at 555 Sgt Melville REPRESENTATION: Mr Smirilios Mr Leamey ORDERS: The tender of the ERISP transcript is rejected

Reasons for Decision Ruling on the Admissibility of an ERISP Transctript

1 The legal representative of the young person has objected to the tender of the transcript of an ERISP conducted with the young person between about 6.05 am and 6.20 am on 17 March 2004. 2 The objection relies upon the following evidence contained in the prosecution case that the young person did not wish to participate in the ERISP: Evidence Source (prior to the taping of the ERISP: Sen Con Gardiner): 1 I said: "Do you agree to be electronically interviewed?".. Exhibit 1: Statement of Sen Con Gardiner The YP said, "No". 2 Q. Do you agree to be electronically interviewed? ERISP Q & A No. 9 A. No. 3 Q. Did you then agree to be electronically interviewed? ERISP Q & A No. 19 A. No (referring to exchange in Incident 1 above) Q. Its alleged that you and the five others were … at … 4 A. I don't want to say anything ERISP Q & A Nos 41 & 42 Q You don't want to say anything. Its alleged that you threw bricks and stones at the taxi driver … Q Who did? 5 A I don't wish to say. ERISP Q & A Nos 46, 47 Q Sorry? A I don't wish to say anything. Q You don't agree you were there? A. No, I'm not agreeing to anything. 6 Q Anything else you want to tell me about this morning? ERISP Q & A Nos 58-60 A, No Q Why were you in Liverpool this morning at all? A No. 7 Q So you can't tell us anything why, why you were running or hiding from police? ERISP Q & A No 62 A Don't know. I'm not gunna say nothing. 8 .. The YP declined to be interviewed via ERISP... Exhibit 6 – Police Fact Sheet Charge Reasons: … refused interview… declined to be interviewed.