R v Tyson Peter EGAN [2017] NSWDC 356

R v Tyson Peter EGAN [2017] NSWDC 356

Evidence of the accused's silence and failure to raise self-defence after receiving a special caution during official questioning is admissible under s 89A of the Evidence Act 1995 where other evidence exists, and an unfavourable inference may be permitted. 'Official questioning' was constituted by the interview process even though the accused declined to answer questions after receiving legal advice.

Parties
Crown: Regina; Accused: Tyson Peter Egan
Jurisdiction
Australia
Judgment Date
04 December 2017
Procedural Posture
Criminal / Admissibility of Evidence Ruling During Trial
Outcome
Evidence is admissible.
Legal Topics
Admissibility of Evidence, Special Caution, Right to Silence, Unfavourable Inferences, Official Questioning, Self Defence
Criminal Law Evidence Admissibility of Evidence Special Caution Right to Silence Unfavourable Inferences Official Questioning Self Defence

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Parties

Regina

Crown

Tyson Peter Egan

Accused

Procedural Posture

Criminal / Admissibility of Evidence Ruling During Trial

Legal Issues

  1. 1 Whether evidence of special caution and the accused's silence is admissible under s 89A of the Evidence Act 1995 where self-defence is raised but not mentioned in interview
  2. 2 What constitutes 'official questioning' under s 89A Evidence Act 1995

Ratio Decidendi

Evidence of the accused's silence and failure to raise self-defence after receiving a special caution during official questioning is admissible under s 89A of the Evidence Act 1995 where other evidence exists, and an unfavourable inference may be permitted. 'Official questioning' was constituted by the interview process even though the accused declined to answer questions after receiving legal advice.

Court Disposition

Evidence is admissible.

Orders

  • Evidence of special caution and subsequent silence is admissible under s 89A Evidence Act 1995.