R v Raymundo Antonio Orellana (No 2) [2009] NSWDC 152

R v Raymundo Antonio Orellana (No 2) [2009] NSWDC 152

Because the accused denied the alleged conversation with Officer Campbell and said parts of the alleged conversation with Officer Currey were fabricated, admission of the unrecorded alleged confessions or admissions would place him in the position of facing alleged admissions without an independently verifiable record. That was the circumstance Parliament sought to avoid by enacting s 23V, and admission would be contrary to the interests of justice. The court was therefore not satisfied, in the special circumstances of the case, that admission would not be contrary to the interests of justice.

Jurisdiction
Australia
Judgment Date
16 July 2009
Procedural Posture
Criminal Prosecution / Voir Dire Ruling on Prosecution Application to Admit Unrecorded Alleged Conversations and Admissions
Outcome
Application to admit evidence is refused.
Legal Topics
['admissibility of Alleged Confessions or Admissions' 'unrecorded Questioning of a Suspect' 'crimes Act 1914 (cth) S 23 V' 'interests of Justice' 'special Circumstances' 'voir Dire']
['criminal Law' 'evidence'] ['admissibility of Alleged Confessions or Admissions' 'unrecorded Questioning of a Suspect' 'crimes Act 1914 (cth) S 23 V' 'interests of Justice' 'special Circumstances' 'voir Dire']

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Procedural Posture

Criminal Prosecution / Voir Dire Ruling on Prosecution Application to Admit Unrecorded Alleged Conversations and Admissions

Legal Issues

  1. 1 ['Whether the alleged confessions or admissions made by Mr Orellana to Customs Officers, which were not recorded, should be admitted under s 23V(5) of the Crimes Act 1914 (Cth).' 'Whether admission of the unrecorded alleged confessions or admissions would not be contrary to the interests of justice in the special circumstances of the case.']

Ratio Decidendi

Because the accused denied the alleged conversation with Officer Campbell and said parts of the alleged conversation with Officer Currey were fabricated, admission of the unrecorded alleged confessions or admissions would place him in the position of facing alleged admissions without an independently verifiable record. That was the circumstance Parliament sought to avoid by enacting s 23V, and admission would be contrary to the interests of justice. The court was therefore not satisfied, in the special circumstances of the case, that admission would not be contrary to the interests of justice.

Court Disposition

Application to admit evidence is refused.

Orders

  • ['The application to admit the evidence is refused.']