R v Godfrey (No 4) [2023] NSWSC 1315

R v Godfrey (No 4) [2023] NSWSC 1315

The officer's subjective belief that the conversation was not official questioning is not an objectively reasonable excuse within the meaning of s 281(2) of the Act. None of the statutory or suggested reasonable excuses applied. Therefore, the required threshold for admitting the unrecorded admission was not met.

Jurisdiction
Australia
Judgment Date
29 March 2023
Procedural Posture
Criminal / Ruling on Admissibility of Evidence (voir Dire)
Outcome
Tender of the evidence objected to by the accused is rejected.
Legal Topics
['admissions by Suspects' 'recording of Confessions' 'evidence Admissibility']
['criminal Law' 'criminal Procedure'] ['admissions by Suspects' 'recording of Confessions' 'evidence Admissibility']

Case Brief

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Procedural Posture

Criminal / Ruling on Admissibility of Evidence (voir Dire)

Legal Issues

  1. 1 ['Whether the Crown has established a reasonable excuse for failure to record an admission made during official police questioning under s 281(2) of the Criminal Procedure Act 1986 (NSW)']

Ratio Decidendi

The officer's subjective belief that the conversation was not official questioning is not an objectively reasonable excuse within the meaning of s 281(2) of the Act. None of the statutory or suggested reasonable excuses applied. Therefore, the required threshold for admitting the unrecorded admission was not met.

Court Disposition

Tender of the evidence objected to by the accused is rejected.

Orders

  • ['The tender of the evidence objected to by the accused is rejected.']