R v White & ors (No 5) [2012] NSWSC 469

R v White & ors (No 5) [2012] NSWSC 469

The alleged statements were admissions made by an accused suspected of an indictable offence in the course of official questioning, so s 281 of the Criminal Procedure Act 1986 applied. Although there was a reasonable excuse for the absence of a later recorded adoption because White exercised his right to silence, the standard Victorian police practice of not electronically recording field admissions was not a reasonable excuse for failing to record the admission when made, particularly because the arrest was a planned operation and recording equipment was readily available. The evidence was therefore inadmissible.

Jurisdiction
Australia
Judgment Date
05 April 2012
Procedural Posture
Criminal / Procedural Evidentiary Ruling on Admissibility of Admission Evidence
Outcome
Evidence inadmissible
Legal Topics
['admissions by Suspects' 'electronic Recording of Admissions' 'official Questioning' 'reasonable Excuse Under S 281 Criminal Procedure Act 1986' 'admissions Made in Victoria by Victorian Police']
['criminal Law' 'evidence'] ['admissions by Suspects' 'electronic Recording of Admissions' 'official Questioning' 'reasonable Excuse Under S 281 Criminal Procedure Act 1986' 'admissions Made in Victoria by Victorian Police']

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Procedural Posture

Criminal / Procedural Evidentiary Ruling on Admissibility of Admission Evidence

Legal Issues

  1. 1 ["Whether the accused White's statements to Detective Sergeant Cocks were admissions to which s 281 of the Criminal Procedure Act 1986 applied." 'Whether following standard Victorian police practice of not electronically recording admissions made in the field was a reasonable excuse for the absence of an electronic recording under s 281.' 'Whether evidence of the alleged admission should be admitted in the New South Wales criminal trial.']

Ratio Decidendi

The alleged statements were admissions made by an accused suspected of an indictable offence in the course of official questioning, so s 281 of the Criminal Procedure Act 1986 applied. Although there was a reasonable excuse for the absence of a later recorded adoption because White exercised his right to silence, the standard Victorian police practice of not electronically recording field admissions was not a reasonable excuse for failing to record the admission when made, particularly because the arrest was a planned operation and recording equipment was readily available. The evidence was therefore inadmissible.

Court Disposition

Evidence inadmissible

Orders

  • ['The evidence of the admission made by the accused White following his arrest in Victoria on 4 September 2009 was ruled inadmissible.']