In R v Shannon David Jackson [2024] QDC 61, the District Court of Queensland deliberated on an application under section 590AA of the Criminal Code 1899 (Qld) to exclude an interview conducted by police at the Southport watchhouse. Shannon David Jackson faced charges of burglary, attempted armed robbery, and stealing, with the prosecution relying on the interview which contained both denials and admissions that demonstrated a consciousness of guilt. The defence argued that the interview was obtained unfairly, citing breaches of the Police Powers and Responsibilities Act 2000 (Qld) and related regulations, particularly around the provision for legal representation and the conditions under which the interview was conducted. However, the court found no deliberate non-compliance by police with legislative requirements and determined that the evidence did not warrant exclusion on these grounds. Despite criticism of the interviewing conditions, such as interviewing Jackson in a cell and during moments of personal vulnerability, the court allowed the edited audio of the interview to be played to the jury, excluding video to mitigate prejudice.
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