R v Murray [2019] NSWDC 63

R v Murray [2019] NSWDC 63

The admissions made by the accused were obtained improperly, contrary to s 281 of the Criminal Procedure Act 1986, and are not to be admitted into evidence. However, the physical evidence of drugs found on the accused and in her vehicle was not obtained improperly or illegally and remains admissible.

Jurisdiction
Australia
Judgment Date
11 February 2019
Procedural Posture
Criminal / Voir Dire (pre Trial Ruling on Admissibility of Evidence)
Outcome
Admissions by the accused excluded; physical evidence admitted
Legal Topics
['admissibility of Evidence' 'improperly Obtained Admissions' 'exclusion of Evidence Under Criminal Procedure Act 1986 S 281' 'physical Evidence']
['criminal Law' 'evidence'] ['admissibility of Evidence' 'improperly Obtained Admissions' 'exclusion of Evidence Under Criminal Procedure Act 1986 S 281' 'physical Evidence']

Case Brief

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Procedural Posture

Criminal / Voir Dire (pre Trial Ruling on Admissibility of Evidence)

Legal Issues

  1. 1 ['Whether admissions made by the accused to police were obtained improperly contrary to s 281 Criminal Procedure Act 1986 and should be excluded' 'Whether physical evidence (drugs found on accused and in vehicle) was obtained improperly or illegally and ought to be excluded']

Ratio Decidendi

The admissions made by the accused were obtained improperly, contrary to s 281 of the Criminal Procedure Act 1986, and are not to be admitted into evidence. However, the physical evidence of drugs found on the accused and in her vehicle was not obtained improperly or illegally and remains admissible.

Court Disposition

Admissions by the accused excluded; physical evidence admitted

Orders

  • ['The admissions by the accused were obtained improperly contrary to s 281 of the Criminal Procedure Act 1986 and ought not be admitted into evidence.' 'The physical evidence was not improperly obtained and is admissible.']