Howden Saggers Blog » 2008 » June

Archive for June, 2008

Part of Record of Interview Excluded

Monday, June 30th, 2008

Our client was charged with a number of attempts to enter motor vehicles, gave a record of interview making admissions to these offences.

A pre-trial hearing proceeded on the basis that our client was drug affected at the time and the police had not put to our client the full facts of each offence as a matter of fairness.At one point he indicated he may be unable to continue with the record of interview and as the interview progressed made admissions to suggestions made by the police.

On 25 June 2008 His Honour Judge Martin SC ruled that much of the record of interview was inadmissible against our client on the basis of fairness principles outlined in the cases of R V Ireland (1970) 126 CLR321 and Bunning V Cross (1978) 141 CLR54.

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Licence Disqualification Removal

Monday, June 23rd, 2008

On 19 June 2008 Peter Saggers appeared before Judge Dearden in the District Court at Beenleigh and successfully made application for the removal of a five year licence disqualification. He relied upon the case of Re Moore [2007] QDC 75

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Drink Driving Conviction

Friday, June 20th, 2008

Mark Howden successfully argued today that a conviction should not be recorded for a man charged with driving with a blood alcohol level of 0.178%. He relied on the case of Mould v Newland [2001] QCA 211

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Conviction to be Quashed! Even crown certain of innocence

Saturday, June 14th, 2008

A MAN who confessed to a robbery he thought he’d committed will create Australian criminal history when his conviction is quashed for an offence even the crown is certain he didn’t commit.
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