R v Jason Robert Naa [2009] NSWSC 851

Reported Decision : 197 A Crim R 192 76 NSWLR 271

New South Wales Supreme Court

CITATION : R v Jason Robert Naa [2009] NSWSC 851 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S) : 11-19/08/2009

JUDGMENT DATE : 26 August 2009

JUDGMENT OF : Howie J at 1

DECISION : The evidence of statements made to police at the scene of the stabbing admitted into evidence.

CATCHWORDS : Criminal Law - Evidence - Admissibility - Admissibility of statements made by the accused during police siege - where statements made during course of negotiations to have the accused disarm - whether statements "made in course of official questioning" within meaning of s 281 of Criminal Procedure Act 1986 - whether the accused should have been cautioned under s 139 of Evidence Act - if so, whether admissions should be admitted under s 138 of Evidence Act - Discretion to exclude admissions under s 90 of Evidence Act - whether admission of evidence would render trial unfair.

Criminal Procedure Act 1986 - s 281 Evidence Act 1995 - ss 84, 85, 90, 138, 139 LEGISLATION CITED : Crimes Act 1900 - s 424A Criminal Law (Detention and Interrogation) Act 1995 (Tas) - s 8 Criminal Code (WA) - s 570D

CATEGORY : Procedural and other rulings

R v GK [2001] NSWCCA 413; 53 NSWLR 317 R v Petroulias (No. 1) [2006] NSWSC 788; 217 FLR 242 R v Horton (1998) 45 NSWLR 426 R v Reid [1999] NSWCCA 258 R v Sharp [2003] NSWSC 1117; 143 A Crim R 344 CASES CITED : Kelly v The Queen [2004] HCA 12; 218 CLR 216 Nicholls v The Queen and Coates v The Queen [2005] HCA 1; 219 CLR 196 R v Taouk [2005] NSWCCA 155 Carr v Western Australia [2007] HCA 47; 232 CLR 138 R v Em [2003] NSWCCA 374 Em v The Queen [2007] HCA 46; 232 CLR 67