QLDQCA
R v Blades; ex parte Attorney-General of Qld [2001] QCA 384
[2001] QCA 384
Court of Appeal (Qld)|2001-09-14|Before: Thomas JA, White and Wilson JJJudgment of the Court
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Source factsCourt
Court of Appeal (Qld)
Decision date
2001-09-14
Before
Thomas JA, White and Wilson JJJudgment of the Court
Catchwords
- CRIMINAL LAW – ATTORNEY GENERAL REFERENCE S669A CRIMINAL CODE –
- EVIDENCE – CONFESSIONS AND ADMISSIONS – STATEMENTS
- – VOLUNTARY
- STATEMENTS – INDUCEMENT CALCULATED TO CAUSE UNTRUE CONFESSION –
Source
Original judgment source is linked above.
Catchwords
CRIMINAL LAW – ATTORNEY GENERAL REFERENCE S669A CRIMINAL CODE –EVIDENCE – CONFESSIONS AND ADMISSIONS – STATEMENTS– VOLUNTARYSTATEMENTS – INDUCEMENT CALCULATED TO CAUSE UNTRUE CONFESSION –GENERALLY – failure by policeduring questioning to record allconversations with accused – where accused contested admissibility ofconfessional evidencerecorded on a voir dire because of alleged inducementsmade during unrecorded conversation – where the confessional evidencewasruled admissible – where trial judge then directed the jury they needed tobe satisfied beyond reasonable doubt the confessionwas voluntary before theycould convict – where such direction blurred the roles of judge and jury– where clear errorof lawCriminal Code,s669AAttorney General’s Reference (No 1 of 1975) [1975] EWCA Crim 1[1975] 1QB 773, consideredBasto v The Queen [1954] HCA 78