Van Der Meer v The Queen [1988] HCA 56

Van Der Meer v The Queen [1988] HCA 56

Despite concerns over the propriety and fairness of the police interrogation procedures, and questionable voluntariness of some statements, no miscarriage of justice occurred warranting special leave to appeal. There was no real risk that the improper admission of the statements caused the applicants to be convicted of crimes they did not commit, particularly given the overall evidence, the strong Crown case, and absence of adequate explanation for the two-and-a-half-year delay. The applications for extension of time and special leave to appeal must be refused.

Jurisdiction
Australia
Procedural Posture
Criminal / Application for Special Leave to Appeal (high Court of Australia)
Outcome
Application for special leave to appeal refused
Legal Topics
['admissibility of Confessional Statements' 'voluntariness of Confessions' 'police Interrogation' "judges' Rules" 'extension of Time for Appeal' 'exclusion of Evidence' 'discretionary Exclusion of Evidence' 'unfairness in Criminal Trials']
['criminal Law' 'evidence'] ['admissibility of Confessional Statements' 'voluntariness of Confessions' 'police Interrogation' "judges' Rules" 'extension of Time for Appeal' 'exclusion of Evidence' 'discretionary Exclusion of Evidence' 'unfairness in Criminal Trials']

Case Brief

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Procedural Posture

Criminal / Application for Special Leave to Appeal (high Court of Australia)

Legal Issues

  1. 1 ['Whether confessional statements by the applicants were voluntary and admissible' 'Whether the statements should have been excluded as improperly or unfairly obtained' 'Whether there was a miscarriage of justice from the admission of the statements' 'Whether an extension of time for special leave to appeal should be granted']

Ratio Decidendi

Despite concerns over the propriety and fairness of the police interrogation procedures, and questionable voluntariness of some statements, no miscarriage of justice occurred warranting special leave to appeal. There was no real risk that the improper admission of the statements caused the applicants to be convicted of crimes they did not commit, particularly given the overall evidence, the strong Crown case, and absence of adequate explanation for the two-and-a-half-year delay. The applications for extension of time and special leave to appeal must be refused.

Court Disposition

Application for special leave to appeal refused

Orders

  • ['Applications for special leave to appeal refused' 'Extension of time refused']