NSW Caselaw
Reported Decision : 50 NSWLR 510
New South Wales Court of Criminal Appeal
CITATION : Regina v Rowe [2001] NSWCCA 1 FILE NUMBER(S) : CCA 60763/98 HEARING DATE(S) : 20 July 2000 JUDGMENT DATE : 19 January 2001
PARTIES : Robert James Rowe v Regina JUDGMENT OF : Fitzgerald JA at 1; Ireland J at 22; Smart AJ at 23
LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 97/12/0046 LOWER COURT JUDICIAL Viney DCJ OFFICER :
COUNSEL : (A) - (R) C K Maxwell QC SOLICITORS : (A) Stephen Hodges (R) S E O'Connor CATCHWORDS : Crimes Act 1900 - admissibility of evidence - meaning of "relates to an indictable offence" in s424A(4) - hearing of summary offence. Crimes Act 1900 LEGISLATION CITED : Criminal Appeal Act 1912 Evidence Act 1995 R v Madden (1995) 85 A Crim R 367 R v Alexandroaia (1995) 81 A Crim R 286 R v Schiavine [1999] NSWCCA 165 CASES CITED: R v Horton NSWCCA, unrep 2/11/98 R v Reid (1999) NSWCCA 258 McKenney & Judge v The Queen (1990-1991) 171 CLR 468 DPP v Farr (2001) NSWSC 3 DECISION : (By majority) The question submitted is answered: The evidence of the conversation between the appellant and Detective Michael Fitzgerald held at Maroubra Police Station is inadmissible by reason of s424A of the Crimes Act 1900.
IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF CRIMINAL APPEAL CCA 60763/98 DC 97/12/0046 FITZGERALD JA SMART AJ IRELAND AJ
Friday, 19 January 2001
REGINA v ROWE
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