R v JG (No2) [2009] NSWSC 1055

R v JG (No2) [2009] NSWSC 1055

At the time the accused made the statement, the police investigation was properly characterised as an investigation into a missing person report and nothing more. Although matters raised by CG's family called for further inquiry, the investigation was in its infancy and the available information did not provide grounds for a reasonable suspicion that CG was dead, that her death was a homicide, or that the accused was responsible. The accused therefore was not and could not reasonably have been suspected by an investigating official of having committed an offence within s 281(1)(a), so s 281 did not require tape-recording and the application to exclude the statement failed.

Jurisdiction
Australia
Judgment Date
05 November 2009
Procedural Posture
Criminal Prosecution for Murder / Voir Dire/application to Exclude Accused's Statement Before Jury Empanelment
Outcome
Application to exclude the statement dismissed; evidence of the accused's statement admitted.
Legal Topics
["admissibility of Accused's Statement" 'admissions by Suspects' 'tape Recording of Police Questioning' 'section 281 of the Criminal Procedure Act 1986' 'missing Person Report']
['criminal Law' 'evidence' 'criminal Procedure'] ["admissibility of Accused's Statement" 'admissions by Suspects' 'tape Recording of Police Questioning' 'section 281 of the Criminal Procedure Act 1986' 'missing Person Report']

Case Brief

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Procedural Posture

Criminal Prosecution for Murder / Voir Dire/application to Exclude Accused's Statement Before Jury Empanelment

Legal Issues

  1. 1 ["Whether the accused's signed statement to police on 7 February 2002 was inadmissible because it was not tape-recorded as required by s 281 of the Criminal Procedure Act 1986." 'Whether, when the statement was made, the accused was or could reasonably have been suspected by an investigating official of having committed an offence within s 281(1)(a) of the Criminal Procedure Act 1986.']

Ratio Decidendi

At the time the accused made the statement, the police investigation was properly characterised as an investigation into a missing person report and nothing more. Although matters raised by CG's family called for further inquiry, the investigation was in its infancy and the available information did not provide grounds for a reasonable suspicion that CG was dead, that her death was a homicide, or that the accused was responsible. The accused therefore was not and could not reasonably have been suspected by an investigating official of having committed an offence within s 281(1)(a), so s 281 did not require tape-recording and the application to exclude the statement failed.

Court Disposition

Application to exclude the statement dismissed; evidence of the accused's statement admitted.

Orders

  • ['Evidence of statement of accused admitted.']