Readings

Powerpoint slides on Weeks 9-10

Foster[1993] HCA 80- on Moodle Week 8

Colvin, Criminal Law of Fiji/Solomon Islands, Kiribati & Tuvalu/Vanuatu ch 16

Question 1

In Foster, what did the police do that was wrong?

Question 2

Mae was 19 years old when she was found dead in a river. An autopsy indicated that she had drowned but that she had also been struck several times in the face. A friend of Mae said that she had seen Mae get into a car outside a night club. She was unable to describe the car but said that its driver was a male youth with Chinese appearance.

Officers Keen and Pushy investigated the death. The day after Mae's body was found, they decided to question Minh, a 30 year-old man of Vietnamese extraction, about her death. They had recently investigated a complaint of sexual assault against Minh, following an allegation by a young woman. Minh claimed that the sex had been consensual. The woman had been adamant that Minh had forced himself upon her but eventually decided not to pursue the complaint.

They went to the house where Minh lived. A car was parked in the driveway. Keen opened the car and looked inside it. On the floor of the front passenger's seat, there were some long black hairs. The officers had seen from photos of Mae that her hair was long and black. Pushy then knocked on the door of the house. Minh opened it. Pushy told him that they wanted him to come to the police station to help them with an investigation. Minh said 'OK' but asked what the investigation was about. Pushy said they would explain when they got to the station.

When they arrived at the station, Minh was taken to an interview room and the officers began to question him about his movements on the previous night. Minh indicated that he would like to talk to a lawyer he knew. He was allowed to telephone the lawyer but there was no answer to his call. Keen and Pushy then continued to question Minh. The questioning continued for some time. Minh initially denied leaving the club with Mae but eventually admitted that he had done so. He claimed he had simply taken her home and dropped her off before going home himself.

Minh has been charged with manslaughter (in Vanuatu, intentional assault causing death). Will his admission of leaving the club with Mae be admitted as evidence against him?