R v Mobbs & Dogramaci [2013] NSWDC 103

R v Mobbs & Dogramaci [2013] NSWDC 103

Mr Mobbs was clearly suspected by investigating officials of having committed an offence when he made admissions, given his connection with premises where a drug laboratory and items consistent with drug manufacture or supply were found. His admissions therefore needed to be electronically recorded unless the Crown established a reasonable excuse. The Crown did not establish a reasonable excuse, because the asserted lack of knowledge about telephone calls did not relate to the suspicion actually held by police on the day of arrest. The statement was therefore not admitted.

Jurisdiction
Australia
Judgment Date
15 April 2013
Procedural Posture
Criminal Trial / Interlocutory Application Concerning Admissibility of Accused's Statement Before Jury Empanelment
Outcome
The evidence not admitted
Legal Topics
['admissibility of Statement of Accused' 'admissions' 'electronic Recording of Admissions' 'reasonable Excuse Under S 281 of the Criminal Procedure Act']
['criminal Law' 'evidence'] ['admissibility of Statement of Accused' 'admissions' 'electronic Recording of Admissions' 'reasonable Excuse Under S 281 of the Criminal Procedure Act']

Case Brief

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Procedural Posture

Criminal Trial / Interlocutory Application Concerning Admissibility of Accused's Statement Before Jury Empanelment

Legal Issues

  1. 1 ['Whether Mr Mobbs was or could reasonably have been suspected by an investigating official of having committed an offence when he made admissions in a witness statement.' "Whether there was a reasonable excuse for not electronically recording Mr Mobbs' admissions." 'Whether the statement made by Mr Mobbs to police should be admitted in the trial.']

Ratio Decidendi

Mr Mobbs was clearly suspected by investigating officials of having committed an offence when he made admissions, given his connection with premises where a drug laboratory and items consistent with drug manufacture or supply were found. His admissions therefore needed to be electronically recorded unless the Crown established a reasonable excuse. The Crown did not establish a reasonable excuse, because the asserted lack of knowledge about telephone calls did not relate to the suspicion actually held by police on the day of arrest. The statement was therefore not admitted.

Court Disposition

The evidence not admitted

Orders

  • ['The statement made by Mr Mobbs to police at Mount Druitt Police Station on 30 October 2008 will not be admitted in the trial.']