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

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

The accused was not displaying any obvious signs of intoxication or incompetence during the relevant portions of the ERISP, and police did not act improperly or recklessly in their conduct of the interview. The accused was cautioned and given opportunities to rest and legal advice. The threshold for impropriety under s 138(1) was not met; the ERISP was properly obtained and admissible.

Jurisdiction
Australia
Judgment Date
21 November 2012
Procedural Posture
Criminal / Voir Dire Ruling Prior to Jury Empanelment
Outcome
Tender of ERISP allowed; objection rejected
Legal Topics
['evidence' 'improperly Obtained Evidence' 'voir Dire' 'police Interview' 'intoxication' 'fatigue']
['criminal Law'] ['evidence' 'improperly Obtained Evidence' 'voir Dire' 'police Interview' 'intoxication' 'fatigue']

Case Brief

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Procedural Posture

Criminal / Voir Dire Ruling Prior to Jury Empanelment

Legal Issues

  1. 1 ['Whether the electronically recorded interview (ERISP) with the accused was improperly obtained under s 138 of the Evidence Act' "Whether police were reckless as to the accused's physical state (intoxication, fatigue) at the time of the interview" 'Whether interviewing officers failed to inspect custody management records noting intoxication' 'Whether the evidence was obtained in consequence of impropriety']

Ratio Decidendi

The accused was not displaying any obvious signs of intoxication or incompetence during the relevant portions of the ERISP, and police did not act improperly or recklessly in their conduct of the interview. The accused was cautioned and given opportunities to rest and legal advice. The threshold for impropriety under s 138(1) was not met; the ERISP was properly obtained and admissible.

Court Disposition

Tender of ERISP allowed; objection rejected

Orders

  • ['The ERISP is admitted into evidence']