R v CAMPBELL, CAMPBELL & BAKA (No 1) [2007] NSWDC 150

R v CAMPBELL, CAMPBELL & BAKA (No 1) [2007] NSWDC 150

The combination of aggressive questioning, raised voices, references to the accused's family, and expressions of disbelief by police constituted oppressive conduct that influenced the making of admissions, so the prosecution failed to exclude the influence of oppression on the admissions. Consequently, the record of interview is excluded from evidence under s 84 of the Evidence Act.

Jurisdiction
Australia
Judgment Date
24 July 2007
Procedural Posture
Criminal / Pre Trial (admissibility Ruling)
Outcome
Record of interview is excluded from evidence under s 84 Evidence Act
Legal Topics
['admissibility of Evidence' 'oppressive Conduct' 'record of Interview' 'admissions']
['criminal Law' 'evidence'] ['admissibility of Evidence' 'oppressive Conduct' 'record of Interview' 'admissions']

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Procedural Posture

Criminal / Pre Trial (admissibility Ruling)

Legal Issues

  1. 1 ['Whether admissions made by Simon Campbell during police interview should be excluded under s 84 and s 90 of the Evidence Act due to oppressive conduct by police']

Ratio Decidendi

The combination of aggressive questioning, raised voices, references to the accused's family, and expressions of disbelief by police constituted oppressive conduct that influenced the making of admissions, so the prosecution failed to exclude the influence of oppression on the admissions. Consequently, the record of interview is excluded from evidence under s 84 of the Evidence Act.

Court Disposition

Record of interview is excluded from evidence under s 84 Evidence Act

Orders

  • ['The entirety of the AFP record of interview is excluded from evidence.' 'Conversations in the AFP Record of Conversation (exhibit 1B) and the taped record of conversation (exhibit 2B) are not excluded unless otherwise determined.']