R v Youssef [2015] NSWDC 49

District Court New South Wales

Medium Neutral Citation: R v Youssef [2015] NSWDC 49 Hearing dates: 10 & 11/03/2015 Decision date: 17 March 2015 Jurisdiction: Criminal Before: Judge S Norrish QC Decision: Decline discretion available, pursuant to s 90 Evidence Act 1995, to exclude electronic interview. Catchwords: Criminal – Evidence, admissions, admissibility of electronic interview, capacity to fully participate and understand caution to remain silent, improper conduct. Legislation Cited: Evidence Act 1995, ss 85, 90,135, 138, 139. Law Enforcement (Powers and Responsibilities) Act 2002 (LEPRA) - Part 9, Schedule 2. Cases Cited: R v Deng [2001] NSWCCA 153 R v Taylor [1999] ACTSC 47 R v Shamouil [2006] NSWCCA 112 R v XY [2013] NSWCCA 121 Category: Procedural and other rulings Parties: Director of Public Prosecutions Hamzey Youssef - Accused Representation: Counsel: Mr P Hogan – Crown Ms M Swift – Accused

Solicitors: Director of Public Prosecutions Blair Criminal Lawyers – Accused. File Number(s): 2013/288092

Judgment Admissibility of Electronic Interview of 24 September 2013.

Introduction 1. The accused, Hamzey Youssef, seeks the exclusion from evidence of the electronically recorded interview conducted with him on 24 September 2013 at the St George Local Area Command situated at Kogarah. The interview was conducted from approximately 7:41 am onwards over a period of about 45 minutes. He had been arrested by police at about 3.30 am, after report of a robbery that occurred within the previous hour. The application to exclude the interview is concerned with a number of matters, each discrete in a legal sense, but requiring in some instances consideration of evidence that is common to the matters advanced.