R v Sumpton [2014] NSWSC 1432

Supreme Court New South Wales

Medium Neutral Citation: R v Sumpton [2014] NSWSC 1432 Hearing dates: 7-10 October 2014 Decision date: 13 October 2014 Jurisdiction: Common Law Before: Hamill J Decision: The evidence is excluded. Catchwords: CRIMINAL LAW - admissions - admissions influenced by oppressive conduct - unlawful detention - requirement to take suspect before authorised officer "as soon as is reasonably practicable" - improper questioning in earlier interview - improper pressure to change version of events - failure to comply with LEPRA - whether unlawful conduct is also relevant to "oppressive conduct" under s 84 - meaning of oppressive conduct - delay in taking accused before authorised officer. Legislation Cited: Evidence Act 1995 (NSW) Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) Police and Criminal Evidence Act 1984 (UK) Cases Cited: Em v The Queen [2007] HCA 46; 232 CLR 67 Habib v Nationwide News [2010] NSWCA 34; 76 NSWLR 299 Higgins v R [2007] NSWCCA 56 Kelly v The Queen [2004] HCA 12; (2004) 218 CLR 216 McDermott v The King [1948] HCA 23; (1948) 76 CLR 501 R v MM [2004] NSWCCA 364 Palmer v The Queen [1998] HCA 2; 193 CLR 1 R v Clarke (1997) 97 A Crim R 414 Regina v Dungay [2001] NSWCCA 443; 126 A Crim R 216 R v Fulling [1987] 2 All ER 65 R v Heffernan (Court of Criminal Appeal (NSW), 16 June 1998, unrep) R v LL (Court of Criminal Appeal (NSW), 1 April 1996, unrep) R v Taylor (Court of Criminal Appeal (NSW),18 April 1995, unrep) R v Truong (1996) 86 A Crim R 188 R v Ul-Haque [2007] NSWSC 1251; 177 A Crim R 348 R v Ye Zhang [2000] NSWSC 1099 Category: Interlocutory applications Parties: Crown Andrew Mervyn Sumpton (Accused) Representation: Counsel: J McLennan SC (Crown) M Dennis (Accused) Solicitors: New South Wales DPP (Crown) Legal Aid NSW (Accused) File Number(s): 2012/165950