R v Saifoloi Afele [2007] NSWDC 346

R v Saifoloi Afele [2007] NSWDC 346

The accused's statements were admissions made when he was reasonably suspected of involvement in the offence, related to an indictable offence, and were made in the course of official questioning; the response concerning the wallet was at least a further response to the question about what was in his pockets, and spontaneous or volunteered admissions made during official questioning still fall within s 281. Because the admissions were not recorded and the Crown conceded that no exception could be established, the evidence was not admissible.

Jurisdiction
Australia
Judgment Date
12 November 2007
Procedural Posture
Criminal Special Hearing / Application to Exclude Admission Evidence Under S 281 Criminal Procedure Act 1986
Outcome
Application granted; admission evidence excluded as not admissible.
Legal Topics
['special Hearing' 'application to Exclude Admission Evidence' 'admissions by Suspects' 'official Questioning' 'failure to Record']
['criminal Law' 'evidence'] ['special Hearing' 'application to Exclude Admission Evidence' 'admissions by Suspects' 'official Questioning' 'failure to Record']

Case Brief

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Procedural Posture

Criminal Special Hearing / Application to Exclude Admission Evidence Under S 281 Criminal Procedure Act 1986

Legal Issues

  1. 1 ["Whether the accused's statements during the police search constituted admissions to which s 281 of the Criminal Procedure Act 1986 applied." 'Whether the statements were made in the course of official questioning.' 'Whether the admission evidence was inadmissible because no tape recording was available and the Crown could not establish an exception.']

Ratio Decidendi

The accused's statements were admissions made when he was reasonably suspected of involvement in the offence, related to an indictable offence, and were made in the course of official questioning; the response concerning the wallet was at least a further response to the question about what was in his pockets, and spontaneous or volunteered admissions made during official questioning still fall within s 281. Because the admissions were not recorded and the Crown conceded that no exception could be established, the evidence was not admissible.

Court Disposition

Application granted; admission evidence excluded as not admissible.

Orders

  • ['Application to exclude evidence under s 281 Criminal Procedure Act 1986 is granted.' 'The evidence is not admissible.']