Carr v Western Australia

HIGH COURT OF AUSTRALIAGLEESON CJ,GUMMOW, KIRBY, HEYDON AND CRENNAN JJMICHAEL JOHN CARR  APPELLANTANDTHE STATE OF WESTERN AUSTRALIA  RESPONDENTCarr v The State of Western Australia [2007] HCA 4723 October 2007P34/2006ORDERAppeal dismissed.On appeal from the Supreme Court of Western AustraliaRepresentationN J Mullany with L M Timpano for the appellant (instructed by D G Price & Co)S Vandongen with T B L Scutt for the respondent (instructed by Director of Public Prosecutions (WA))Notice:  This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.CATCHWORDSCarr v The State of Western AustraliaCriminal law – Evidence – Admissibility of videotape evidence of admissions recorded without suspect's consent – Police videotaped conversation with appellant in the lockup section of the police station – Appellant was unaware lockup conversation was being videotaped – Appellant made certain admissions – Whether lockup conversation was an "interview" within the meaning of s 570(1) of the Criminal Code (WA) ("the Code") – Relevance of formality of the lockup conversation – Whether s 570D(4) of the Code excluded, by implication, admissibility of videotape evidence of admissions recorded without suspect's consent – Relevance of assumption in s 570D(4)(c) of the Code that consent required – Difference between implication and assumption – Whether an "admission" within the meaning of s 570D of the Code included only those admissions capable of being videotaped.Statutes – Interpretation – Purposive interpretation – Where the statutory provision reflects compromise between competing interests – Relevance of purpose or object of statute.Words...