NSW Caselaw
Reported Decision : (2002) 132 A Crim R 169
New South Wales Court of Criminal Appeal
CITATION : R v Dalley [2002] NSWCCA 284 FILE NUMBER(S) : CCA 60839/00 HEARING DATE(S) : 19 June 2002 JUDGMENT DATE : 19 July 2002
PARTIES : Rodney Joel Dalley - Appellant Crown - Respondent JUDGMENT OF : Spigelman CJ at 1; Simpson J at 9; Blanch AJ at 102
LOWER COURT JURISDICTION : Supreme Court LOWER COURT FILE NUMBER(S) : 70045/99 LOWER COURT JUDICIAL Bell J OFFICER :
COUNSEL : PJD Hamill - Appellant GIO Rowling - Crown SOLICITORS : Nyman Gibson and Company - Appellant SE O'Connor - Crown CATCHWORDS : appeal against conviction - murder - record of interview - admissions and incriminating statements - Crimes Act 1900, s352, Part 10A - detention without charge - maximum period permitted - investigation - calculation of period that has elapsed - investigation period reasonably suspended or deferred - discretionary judgment - application for detention warrant - must be made before expiration of investigation period - agreement between counsel - application for detention warrant by telephone - written verification required within one day of grant of telephone warrant - non-compliance with verification requirement - whether non-compliance invalidates warrant - requirement that person detained be given caution and information orally and in writing - partial non-compliance with requirement - Evidence Act 1995, s138 - admissibility of evidence improperly or unlawfully obtained - relevance of non-compliance with verification requirement - s138 impropriety established by reason of partial non-compliance with requirements for caution and information - s138 assessment - relevance of "nature of the relevant offence" for s138 assessment - appeal dismissed Evidence Act 1995 LEGISLATION CITED : Crimes Act 1900 Crimes (Detention after Arrest) Regulation 1998 Criminal Procedure Act 1986 Bunning v Cross (1978) 141 CLR 54 Pollard v The Queen (1992) 176 CLR 177 R v Burrell [2001] NSWSC 120 Bales v Parmeter (1935) 35 SR (NSW) 182 CASES CITED: Williams v R (1986) 161 CLR 278 Michaels v R (1995) 184 CLR 117 R v Rondo [2001] NSW CCA 540; unreported, 24 December 2001 House v R (1936) 55 CLR 499 R v Phung and Huynh [2001] NSWSC 115, unreported, 26 February 2001 DECISION : Appeal dismissed
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate