R v Jason Robert Naa [2009] NSWSC 851

R v Jason Robert Naa [2009] NSWSC 851

The conversation between the accused and police during the siege was not 'official questioning' for the purposes of s 281, as police were negotiating for safety, not investigating. Therefore, s 281 did not apply, and the admissions made were admissible. Even if s 281 did apply, there was a reasonable excuse for lack of proper recording due to the critical situation. Failure to caution the accused did not make the admissions inadmissible because the conversation was not 'questioning' in the technical sense, and the balance of considerations under s 138 and s 90 strongly favoured admission.

Jurisdiction
Australia
Judgment Date
26 August 2009
Procedural Posture
Criminal / Evidentiary Ruling Prior to Trial
Outcome
The evidence of statements made to police at the scene of the stabbing admitted into evidence.
Legal Topics
['admissibility of Admissions' 'police Procedure During Siege' 'right to Caution' 'discretion to Exclude Evidence' 'criminal Procedure Act 1986 (nsw) S 281' 'evidence Act 1995 (nsw) Ss 84, 85, 90, 138, 139']
['criminal Law' 'evidence'] ['admissibility of Admissions' 'police Procedure During Siege' 'right to Caution' 'discretion to Exclude Evidence' 'criminal Procedure Act 1986 (nsw) S 281' 'evidence Act 1995 (nsw) Ss 84, 85, 90, 138, 139']

Case Brief

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Procedural Posture

Criminal / Evidentiary Ruling Prior to Trial

Legal Issues

  1. 1 ['Whether statements made by accused during police siege are admissible in evidence' "Whether statements were made in course of 'official questioning' within meaning of s 281 Criminal Procedure Act 1986" 'Whether accused should have been cautioned under s 139 Evidence Act 1995' 'If caution required, whether admissions should be excluded under s 138 Evidence Act 1995' 'Whether discretion under s 90 Evidence Act 1995 should be exercised to exclude admissions']

Ratio Decidendi

The conversation between the accused and police during the siege was not 'official questioning' for the purposes of s 281, as police were negotiating for safety, not investigating. Therefore, s 281 did not apply, and the admissions made were admissible. Even if s 281 did apply, there was a reasonable excuse for lack of proper recording due to the critical situation. Failure to caution the accused did not make the admissions inadmissible because the conversation was not 'questioning' in the technical sense, and the balance of considerations under s 138 and s 90 strongly favoured admission.

Court Disposition

The evidence of statements made to police at the scene of the stabbing admitted into evidence.

Orders

  • ['Evidence of admissions made by the accused to police at the scene is admissible.']