R v Spiteri-Ahern; R v Barber; R v Zraika (No 10) [2017] NSWSC 1380

R v Spiteri-Ahern; R v Barber; R v Zraika (No 10) [2017] NSWSC 1380

Section 84 of the Evidence Act 1995 is not confined to admissions influenced by questioning or conduct intended to obtain an admission. However, after listening to the recorded conversations, including the material associated with violent exchanges between Mr Zraika and Ms Barber, the Court was satisfied that any admissions by Ms Barber and their content were not influenced by violent, oppressive, inhuman or degrading conduct or threats of such conduct. The Crown discharged its onus under s 84, so the evidence was admissible against Ms Barber.

Jurisdiction
Australia
Judgment Date
09 October 2017
Procedural Posture
Criminal Proceedings Involving Charges of Murder, Accessory Before the Fact, and Concealing a Serious Indictable Offence / Procedural Ruling on Admissibility of Evidence During a Judge Alone Trial
Outcome
Evidence of admissions admitted against Ms Barber.
Legal Topics
['admissions' 'evidence Act 1995 S 84' 'violence Influencing Admissions' 'domestic Violence' 'telephone Intercepts and Listening Devices' 'hearsay Exception for Admissions']
['criminal Law' 'evidence'] ['admissions' 'evidence Act 1995 S 84' 'violence Influencing Admissions' 'domestic Violence' 'telephone Intercepts and Listening Devices' 'hearsay Exception for Admissions']

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Procedural Posture

Criminal Proceedings Involving Charges of Murder, Accessory Before the Fact, and Concealing a Serious Indictable Offence / Procedural Ruling on Admissibility of Evidence During a Judge Alone Trial

Legal Issues

  1. 1 ['Whether evidence from listening devices and telephone intercepts of conversations between Mr Zraika and Ms Barber was admissible against Ms Barber as admissions.' 'Whether s 84 of the Evidence Act 1995 is limited to admissions influenced by conduct intended to obtain an admission through questioning or interrogation.' "Whether the making or content of Ms Barber's alleged admissions was influenced by violence or threats of violence by Mr Zraika."]

Ratio Decidendi

Section 84 of the Evidence Act 1995 is not confined to admissions influenced by questioning or conduct intended to obtain an admission. However, after listening to the recorded conversations, including the material associated with violent exchanges between Mr Zraika and Ms Barber, the Court was satisfied that any admissions by Ms Barber and their content were not influenced by violent, oppressive, inhuman or degrading conduct or threats of such conduct. The Crown discharged its onus under s 84, so the evidence was admissible against Ms Barber.

Court Disposition

Evidence of admissions admitted against Ms Barber.

Orders

  • ['The evidence from the listening devices and telephone intercepts was admissible against Ms Barber.']