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]