R v Bevan Charles DOOLAN [2014] NSWDC 170

District Court New South Wales

Medium Neutral Citation: R v Bevan Charles DOOLAN [2014] NSWDC 170 Hearing dates: Thursday 17 April 2014 Decision date: 17 April 2014 Jurisdiction: Criminal Before: Tupman DCJ Decision: Evidence of admissions rejected pursuant to S281 of the Criminal Procedure Act, 1986 Catchwords: CRIMINAL LAW - Voir Dire ruling on admissibility - Special Hearing after found Unfit to Plead - Intent to Rob whilst armed, with wounding - Serious offence - Aboriginal offender with intellectual disability - admissions at scene of offence/arrest at Redfern to police officer after arrest not tape-recorded - S281 Criminal Procedure Act, 1986 - evidence that police on general duties not provided with tape recorders and for operational reasons instructed not to use personal mobile devices to record evidence at scene - no reasons given for decision not to provide tape recorders - accused tape recorded in dock at Redfern Police Station after arrest but admissions not put to him for adoption - evidence of admissions rejected - discussion of S281 generally. Legislation Cited: Crimes Act 1900 - s98, s21A Criminal Procedure Act 1986 - s281 Evidence Act 1995 - s38, s85 Law Enforcement (Powers and Responsibilities) Act 2002 - Part 9 Mental Health (Forensic Provisions) Act, 1990 - s19 Category: Procedural and other rulings Parties: The Crown Bevan Charles Doolan Representation: Mr. G. Rowling (counsel for DPP) Ms. C. Wasley (counsel for defence) Ms. R. Buttini (DPP solicitor) Ms. S. Crellin (Defence solicitor) File Number(s): 2012/386752