R v Saifoloi Afele [2007] NSWDC 345

R v Saifoloi Afele [2007] NSWDC 345

Although there was initial unfairness because the accused's support person was not informed of her role by the custody manager, that unfairness did not translate into unfairness in the interview. By the relevant point in the interview the accused sufficiently understood that he did not have to answer questions, that the interview was being recorded, and that the recording might be used in court; his account of the St Mary's events was voluntarily given. The defence failed to establish that, having regard to the circumstances in which the admissions were made, it would be unfair to admit the record of interview under s90 Evidence Act 1995.

Jurisdiction
Australia
Judgment Date
14 November 2007
Procedural Posture
Criminal Proceeding; Application to Exclude Record of Interview Under S90 Evidence Act 1995 / Interlocutory Judgment in a Special Hearing/voir Dire
Outcome
The application to exclude the record of interview under s90 Evidence Act 1995 is refused.
Legal Topics
['application to Exclude Admissions' 'section 90 Evidence Act 1995 Fairness Discretion' 'record of Interview' 'caution and Right to Silence' 'interpreter' 'support Person' 'intellectual Impairment' 'voluntariness of Admissions']
['criminal Law' 'evidence Law' 'police Powers and Procedure'] ['application to Exclude Admissions' 'section 90 Evidence Act 1995 Fairness Discretion' 'record of Interview' 'caution and Right to Silence' 'interpreter' 'support Person' 'intellectual Impairment' 'voluntariness of Admissions']

Case Brief

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Procedural Posture

Criminal Proceeding; Application to Exclude Record of Interview Under S90 Evidence Act 1995 / Interlocutory Judgment in a Special Hearing/voir Dire

Legal Issues

  1. 1 ['Whether, having regard to the circumstances in which the admissions were made, it would be unfair to the accused to admit the record of interview under s90 Evidence Act 1995.' 'Whether the accused sufficiently understood that he was not obliged to answer questions, that the interview was being recorded, and that what was recorded might be used in evidence.' "Whether the failure to inform the accused's support person of her role created unfairness affecting admission of the interview." "Whether the accused's admissions in the interview were voluntarily made."]

Ratio Decidendi

Although there was initial unfairness because the accused's support person was not informed of her role by the custody manager, that unfairness did not translate into unfairness in the interview. By the relevant point in the interview the accused sufficiently understood that he did not have to answer questions, that the interview was being recorded, and that the recording might be used in court; his account of the St Mary's events was voluntarily given. The defence failed to establish that, having regard to the circumstances in which the admissions were made, it would be unfair to admit the record of interview under s90 Evidence Act 1995.

Court Disposition

The application to exclude the record of interview under s90 Evidence Act 1995 is refused.

Orders

  • ['The application is refused.']