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Supreme Court dismisses appeal from Court of Appeal, and affirms conviction of murder, on the grounds that the trial judge had given a satisfactory warning to the jury concerning the corroboration required when the prosecution was relying on a confession by an accused person.
O'Malley J (nem diss): Criminal law - murder conviction - shooting - evidence that accused had confessed to the killing of the victim - lawfulness of an extension to detention - uncorroborated confession - advice to jury concerning lack of corroboration - s.10 of the Criminal Procedure Act 1993 - whether appeal might be dismissed even if appeal court found in favour of appellant - shooting after delivery of cannabis to victim's house - car burned out - arrest and detention - extension of detention - admissions made during extended period - need to justify extended detention - phone contact between suspects - whether detention should have been extended in circumstances where admissions had already been made - distinction between corroboration of the reliability of the confession and corroboration of the offence itself - nature of corroboration - tendency to implicate the accused in the crime - must be independent of the evidence that mades the corroboration desirable - must be credible.
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