Hawkins v The Queen [1994] HCA 47

Hawkins v The Queen [1994] HCA 47

Although Detective Griffin's words about the blood tests were true so far as they went, in their context they amounted to a representation that the blood test results implicated the appellant. Detective Griffin intended that message to be conveyed, the appellant was induced by it to confess, and the representation was untrue for the purposes of s. 410(1)(a). The trial judge erred in law by considering only the strict meaning of the words used rather than the wider context, so the record of interview was inadmissible.

Jurisdiction
Australia
Procedural Posture
Criminal Appeal / Appeal to the High Court of Australia From the Court of Criminal Appeal
Outcome
Appeal allowed; convictions quashed; new trial ordered.
Legal Topics
['admissibility of Confessions' 'untrue Representation by a Person in Authority' 'section 410(1)(a) of the Crimes Act 1900 Nsw' 'police Record of Interview']
['criminal Law' 'evidence'] ['admissibility of Confessions' 'untrue Representation by a Person in Authority' 'section 410(1)(a) of the Crimes Act 1900 Nsw' 'police Record of Interview']

Case Brief

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Procedural Posture

Criminal Appeal / Appeal to the High Court of Australia From the Court of Criminal Appeal

Legal Issues

  1. 1 ["Whether the appellant's record of interview containing a confession was inadmissible because it was induced by an untrue representation made by a person in authority within the meaning of s. 410(1)(a) of the Crimes Act 1900 NSW." 'Whether the trial judge erred by considering only the strict literal meaning of the words used by Detective Griffin rather than the wider context in which the statement was made.']

Ratio Decidendi

Although Detective Griffin's words about the blood tests were true so far as they went, in their context they amounted to a representation that the blood test results implicated the appellant. Detective Griffin intended that message to be conveyed, the appellant was induced by it to confess, and the representation was untrue for the purposes of s. 410(1)(a). The trial judge erred in law by considering only the strict meaning of the words used rather than the wider context, so the record of interview was inadmissible.

Court Disposition

Appeal allowed; convictions quashed; new trial ordered.

Orders

  • ['Set aside the order of the Court of Criminal Appeal.' 'Order that the appeal to the Court of Criminal Appeal be allowed.' "Order that the appellant's convictions be quashed." 'Order that a new trial be held.']