R v MEYN, John Michael (No 1) [2012] NSWSC 1441

Supreme Court New South Wales

Medium Neutral Citation: R v MEYN, John Michael (No 1) [2012] NSWSC 1441 Hearing dates: 19, 20, 21 November 2012 Decision date: 21 November 2012 Jurisdiction: Common Law - Criminal Before: Beech-Jones J Decision: Tender of ERISP allowed. Catchwords: CRIMINAL LAW - Evidence - application on voir dire to exclude improperly obtained evidence - domestic homicide - electronically recorded interview with accused - whether improperly obtained - whether police reckless as to accused's physical state at time of interview - intoxication - fatigue - failure of interviewing officers to inspect custody management records noting accused's intoxication - whether evidence obtained in consequence of impropriety. Legislation Cited: Evidence Act 1995 - s 138 Law Enforcement (Powers and Responsibilities) Act 2001 - Part 9 Cases Cited: - Parker v Comptroller-General of Customs [2009] HCA 7; 83 ALJR 494 - Robinson v Woolworths Ltd [2005] NSWCCA 426; 64 NSWLR 612 Category: Procedural and other rulings Parties: Crown (Prosecutor) John Michael Meyn (Accused) Representation: Counsel: T.W. Thorpe (Crown) K.A. Chapple SC (Accused) Solicitors: Director of Public Prosecutions (Crown) George Sten & Co (Accused) File Number(s): 2011/116480

EX TEMPORE Judgment 1Prior to the empanelment of the jury, senior counsel for the accused, Mr Chapple SC, advised the Court of an objection to the tender of a recording of an electronically recorded interview with his client (referred to as the "ERISP", i.e. an electronically recorded interview with a suspected person). 2I heard evidence and submissions concerning that objection on Tuesday 20 November 2012 and this morning, Wednesday 21 November 2012. It is proposed to empanel the jury on Thursday 22 November 2012. 3The accused has already been arraigned on a charge that on 8 April 2011, he did murder Yvette Rathbone. Ms Rathbone is his former de facto and mother of his children. He has pleaded not guilty to that charge, and it is anticipated he will maintain that plea when he is arraigned before a jury. 4The Crown case is that the accused bashed and strangled Ms Rathbone sometime between 9.30am and 12.50pm on 8 April 2011. He was arrested at a "lookout" at Glenbrook National Park with his children at approximately 4.45pm on 8 April 2011. He was transported to Penrith Police Station. He was interviewed by the police in a number of sessions commencing at 7.36pm on 8 April 2011 and concluding at 3.23am on 9 April 2011. The total time he was interviewed by the police was said to be two hours nineteen minutes, and the total time of the breaks between the interview sections was said to be five hours and twenty-nine minutes.