Stephens v The Queen [1985] HCA 30

Stephens v The Queen [1985] HCA 30

The unsigned record of interview had no probative value beyond the oral police evidence but carried a real risk of unfair prejudice because the jury might give undue weight to the police-prepared written record during deliberations. The trial judge failed properly to exercise the discretion to reject it, the Court of Criminal Appeal misunderstood the effect of Driscoll v. The Queen, and given the importance of the alleged admissions to the Crown case it was impossible to say that no miscarriage of justice occurred.

Jurisdiction
Australia
Procedural Posture
Criminal Appeal; Application for Special Leave to Appeal / High Court Appeal From the Court of Criminal Appeal of the Supreme Court of New South Wales Dismissing an Appeal Against Conviction for Murder
Outcome
Application for special leave to appeal granted; appeal allowed; conviction and sentence set aside; new trial ordered.
Legal Topics
['unsigned Record of Interview' 'confession Evidence' 'judicial Discretion to Exclude Evidence' 'unfair Prejudice' 'miscarriage of Justice' 'new Trial']
['criminal Law' 'evidence' 'criminal Procedure'] ['unsigned Record of Interview' 'confession Evidence' 'judicial Discretion to Exclude Evidence' 'unfair Prejudice' 'miscarriage of Justice' 'new Trial']

Case Brief

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Procedural Posture

Criminal Appeal; Application for Special Leave to Appeal / High Court Appeal From the Court of Criminal Appeal of the Supreme Court of New South Wales Dismissing an Appeal Against Conviction for Murder

Legal Issues

  1. 1 ['Whether the unsigned and disputed police record of interview should have been admitted in evidence against the accused.' 'Whether the admission and availability of the unsigned record of interview to the jury operated unfairly against the accused.' 'Whether the Court of Criminal Appeal erred in holding that no unfair prejudice arose from the jury having the record of interview.']

Ratio Decidendi

The unsigned record of interview had no probative value beyond the oral police evidence but carried a real risk of unfair prejudice because the jury might give undue weight to the police-prepared written record during deliberations. The trial judge failed properly to exercise the discretion to reject it, the Court of Criminal Appeal misunderstood the effect of Driscoll v. The Queen, and given the importance of the alleged admissions to the Crown case it was impossible to say that no miscarriage of justice occurred.

Court Disposition

Application for special leave to appeal granted; appeal allowed; conviction and sentence set aside; new trial ordered.

Orders

  • ['Application for special leave to appeal granted.' 'Appeal allowed.' 'Order that the judgment of the Court of Criminal Appeal of the Supreme Court of New South Wales be set aside.' 'In lieu thereof order that the appeal to that Court be allowed, that the conviction and sentence be set aside and that a new trial be...