Beacroft, Laura --- "R v Stephen James Boney (Criminal law - admissibility of evidence)" [1986] AboriginalLawB 62; (1986) 1(23) Aboriginal Law Bulletin 7

• R V Stephen James Boney
• Criminal Law – Admissibility Of Evidence

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R v Stephen James Boney

Criminal law – admissibility of evidence

R v Stephen James Boney

Criminal Law Division, Supreme Court of NSW

17 October 1984

Casenote by Laura Beacroft

Boney was charged with two counts. He was alleged to have broken into and entered a house in Brewarrina in 1981 and to have sexually assaulted the occupant. At his trial there was a question raised about the admissibility of a confession made by Boney during a police interview in 1984. Boney's defence argued that the police had frustrated all their reasonable attempts to secure legal advice for Boney before any admissions were made.

Justice Rodin remarked on the vagueness of the interrogating officers' answers to questions. Their knowledge of Boney's legal advisors attempts to gain access was uncertain. He attributed this uncertainty to a reluctance to give evidence caused by uncertainty about the' propriety of police conduct at that time'. (at 10.)

Justice Rodin concluded that the refusal of the police to allow legal advisors to see Boney was similar to the situation in R v Dugan (1970) 82 WN 767. Even though one of the legal advisors was a field officer, Justice Rodin said he should have been given the access of the Aboriginal Legal Service.

Also, Justice Rodin said that since both legal advisors were known to be associated with the Aboriginal Legal Service, it was not "reasonable for the police to question whether they'; were Bogey's legal advisors. In any case, evidence suggested that at the time of the interview police had no queries about this. Justice Rodin concluded as follows:

Accepting that there is no obligation on investigating police to seek out legal advice for suspects, there is the clearest obligation upon them in my view not to obstruct or frustrate reasonable efforts made by suspects or on their behalf to obtain such advice. (at 12.)