Santos v The Queen [1987] HCA 55

Santos v The Queen [1987] HCA 55

The detention point failed because Santos remained in the custody of Sergeant Fleet when interviewed within the station, and Carrion's confession was made within the prescribed period on the police evidence. However, the inadmissible evidence linking female clothing found in the flat to Mrs Tilbrook's stolen car may have affected the jury's assessment of the key circumstantial evidence, especially if the jury entertained doubt about the alleged confessions. The remaining circumstantial evidence was insufficient to prove guilt to the criminal standard without acceptance of the police account of the tracksuit clothing. The Crown could therefore not show that there was no substantial...

Jurisdiction
Australia
Procedural Posture
Criminal Appeal Concerning Armed Robbery Convictions / Applications for Special Leave to Appeal From Dismissal of Conviction Appeals by the Court of Criminal Appeal (sa)
Outcome
Special leave to appeal granted; appeals allowed; convictions quashed; new trial ordered.
Legal Topics
['armed Robbery' 'police Detention and Interrogation' 'admissibility of Confessions' 'bad Character Evidence' 'circumstantial Evidence' 'miscarriage of Justice' 'new Trial']
['criminal Law' 'criminal Procedure' 'evidence'] ['armed Robbery' 'police Detention and Interrogation' 'admissibility of Confessions' 'bad Character Evidence' 'circumstantial Evidence' 'miscarriage of Justice' 'new Trial']

Case Brief

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Procedural Posture

Criminal Appeal Concerning Armed Robbery Convictions / Applications for Special Leave to Appeal From Dismissal of Conviction Appeals by the Court of Criminal Appeal (sa)

Legal Issues

  1. 1 ["Whether evidence of the alleged confessions should have been excluded because the applicants' detention was no longer authorised by s 78(2) of the Summary Offences Act 1953 SA." "Whether the trial judge erred in refusing to discharge the jury after disclosure of evidence said to show Santos' bad character." 'Whether the circumstantial evidence, standing alone and without reliance on confessional evidence, was sufficient to sustain the convictions.' "Whether inadmissible evidence concerning female clothing taken from Mrs Tilbrook's car may have caused a substantial miscarriage of justice."]

Ratio Decidendi

The detention point failed because Santos remained in the custody of Sergeant Fleet when interviewed within the station, and Carrion's confession was made within the prescribed period on the police evidence. However, the inadmissible evidence linking female clothing found in the flat to Mrs Tilbrook's stolen car may have affected the jury's assessment of the key circumstantial evidence, especially if the jury entertained doubt about the alleged confessions. The remaining circumstantial evidence was insufficient to prove guilt to the criminal standard without acceptance of the police account of the tracksuit clothing. The Crown could therefore not show that there was no substantial...

Court Disposition

Special leave to appeal granted; appeals allowed; convictions quashed; new trial ordered.

Orders

  • ['Applications for special leave to appeal granted.' 'Appeals allowed.' 'Convictions quashed.' 'New trial ordered.']