Category Archives: s. 085A

Tasmania v Stebbings [2015] TASSC 9 (29 January 2015)

http://www.austlii.edu.au/au/cases/tas/TASSC/2015/9.html

Criminal Law – Evidence – Judicial discretion to admit or exclude evidence – Police interrogation – Discretion to exclude confessional statements – Evidence of admissions made during official questioning not admissible in certain proceedings unless there is an audio-visual record – Admissions made about drug possession during search of vehicle commenced for other purposes – Whether official questioning – Whether evidence of admissions admissible.

Evidence Act 2001 (Tas), s 85A.

R v NAA [2009] NSWSC 851; (2009) 76 NSWLR 271, applied.

Aust Dig Criminal Law [2687]

Criminal Law – Evidence – Judicial discretion to admit or exclude evidence – Police interrogation – Discretion to exclude confessional statements – Propriety of police questioning and other conduct by police – Administering caution – Admissions made about drug possession during search of vehicle commenced for other purposes – Need for caution – Effect of failure to caution – Whether evidence should be excluded as improperly obtained.

Evidence Act 2001 (Tas), ss 138, 139.

R v NAA [2009] NSWSC 851; (2009) 76 NSWLR 271, applied.

Aust Dig Criminal Law [2693]

Criminal Law – Evidence – Judicial discretion to admit or exclude evidence – Police interrogation – Discretion to exclude confessional statements – Propriety of police questioning and other conduct by police – Administering caution – Accused interviewed as a witness about death of a person in his car – General caution at commencement of interview – Accused answered questions about the death but refused to answer later questions about possession of drugs found in car – Accused understood that what he said about the death would not be used in relation to drug possession – Whether unfair to use in drug trial evidence of statements made when speaking about the death.

Evidence Act 2001 (Tas), s 90.

Em v The Queen [2007] HCA 46; (2007) 232 CLR 67, followed.

Aust Dig Criminal Law [2693]

Tasmania v B [2012] TASSC 38 (13 June 2012)

http://www.austlii.edu.au/au/cases/tas/TASSC/2012/38.html

Criminal Law – Evidence – Confessions and admissions – Statements – Records of interview – Electronic recording – Admissions at police station and accused’s home not electronically recorded – No audio-visually recorded interview when accused invited to adopt or confirm making of admissions – Audio-visual recording facilities available – Whether reasonable explanation why audio-visual record of adoption or confirmation of admissions could not be made – Whether exceptional circumstances which in the interests of justice justified the admission of the evidence.
Evidence Act 2001 (Tas), s85A(1)(c), (d).
R v Julin [2000] TASSC 50, followed.
Kelly v R [2004] HCA 12; (2004) 218 CLR 216; R v Arnol (1997) 6 Tas R 374; R v McKenzie [1999] TASSC 36; Tasmania v Cadman (2011) 208 A Crim R 541, referred to.
Aust Dig Criminal Law [2753]

Tasmania v Cadman [2011] TASSC 2 (31 January 2011)

http://www.austlii.edu.au/au/cases/tas/TASSC/2011/2.html

Criminal Law – Evidence – Confessions and admissions – Statements – Records of interview – Other matters – Admission made to police officer following flight – Whether admission made during official questioning – Whether reasonable explanation why audio visual record of admission could not be made – Subsequent audio visual record of interview with the accused where he declined to adopt or confirm the making of the admission – Whether reasonable explanation why audio visual record of adoption or confirmation of the admission could not be made.

Kelly v R [2004] HCA 12; (2004) 218 CLR 216; followed.

Director of Public Prosecutions v Cook [2006] TASSC 75; R v Julin [2000] TASSC 50, referred to.

R v McKenzie [1999] TASSC 36, disapproved.

Evidence Act 2001 (Tas), s85A(1).

Aust Dig Criminal Law [2754]

Director of Public Prosecutions v Cook [2006] TASSC 75 (10 October 2006)

[2006] TASSC 75

Criminal Law – Evidence – Confessions and admissions – Statements – Generally – Statement made to a person not a police officer when preparing to travel to police station for questioning – Whether an admission during official questioning.

Evidence Act 2001  (Tas), s85A(1).

Kelly v R [2004] HCA 12; (2004) 218 CLR 216, applied.

Nicholls v R [2005] HCA 1; (2005) 219 CLR 196, distinguished.

Aust Dig Criminal Law [464]