R v Pieter Egbert Helmhout & Ors (No.2) [2000] NSWSC 225

R v Pieter Egbert Helmhout & Ors (No.2) [2000] NSWSC 225

The contents of the interview with Joanne Rose Delly are inadmissible because the Crown did not discharge the onus of proving that admissions were not influenced by a threat by police, and, independently, because the evidence was obtained during a period of unlawful detention which was serious and not outweighed by reasons for admission under s 138 Evidence Act 1995.

Parties
Prosecution: Regina; Accused: Pieter Egbert Helmhout; Accused: Deborah Joy Davidson; Accused: Mark William Helmhout; Accused: Joanne Rose Delly
Jurisdiction
Australia
Judgment Date
25 February 2000
Procedural Posture
Criminal / Voir Dire on Admissibility of Interview Evidence
Outcome
application to exclude interview evidence granted
Legal Topics
Admissibility of Evidence, Oppressive Conduct, Unlawful Detention, Police Interviews
Criminal Law Criminal Procedure Evidence Admissibility of Evidence Oppressive Conduct Unlawful Detention Police Interviews

Case Brief

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Parties

Regina

Prosecution

Pieter Egbert Helmhout

Accused

Deborah Joy Davidson

Accused

Mark William Helmhout

Accused

Joanne Rose Delly

Accused

Procedural Posture

Criminal / Voir Dire on Admissibility of Interview Evidence

Legal Issues

  1. 1 Whether the interview with Joanne Rose Delly is inadmissible for failure to comply with s 108 Criminal Procedure Act 1986
  2. 2 Whether a threat by a police officer rendered the admissions inadmissible under s 84 Evidence Act 1995
  3. 3 Whether unlawful detention required exclusion under s 138 Evidence Act 1995

Ratio Decidendi

The contents of the interview with Joanne Rose Delly are inadmissible because the Crown did not discharge the onus of proving that admissions were not influenced by a threat by police, and, independently, because the evidence was obtained during a period of unlawful detention which was serious and not outweighed by reasons for admission under s 138 Evidence Act 1995.

Court Disposition

application to exclude interview evidence granted

Orders

  • Evidence of Joanne Rose Delly's interview with Senior Sergeant Little on 20 June 1998 is inadmissible.