R v Kathleen Sharp [2003] NSWSC 1117

R v Kathleen Sharp [2003] NSWSC 1117

The conversation between the accused and Detective Hall was inadmissible under s 281 Criminal Procedure Act 1986 as it was official questioning and there was no reasonable excuse for failing to electronically record it. The conversation with Detective Bennett was not official questioning or, alternatively, non-recording was reasonable, so was admitted. The statement by the accused to her solicitor was not a confidential communication and thus not privileged under s 118 of the Evidence Act 1995, so was admissible.

Jurisdiction
Australia
Judgment Date
03 December 2003
Procedural Posture
Criminal / Interlocutory Evidentiary Ruling During Trial
Outcome
Evidence admitted in part.
Legal Topics
['admissibility of Admissions' 'official Questioning' 'client Legal Privilege' 'confidential Communication']
['criminal Law' 'evidence'] ['admissibility of Admissions' 'official Questioning' 'client Legal Privilege' 'confidential Communication']

Case Brief

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Procedural Posture

Criminal / Interlocutory Evidentiary Ruling During Trial

Legal Issues

  1. 1 ['Whether conversations between accused and police were admissible under s 281 Criminal Procedure Act 1986 regarding official questioning and recording of admissions' 'Whether statement overheard between accused and solicitor was protected by client legal privilege as a confidential communication']

Ratio Decidendi

The conversation between the accused and Detective Hall was inadmissible under s 281 Criminal Procedure Act 1986 as it was official questioning and there was no reasonable excuse for failing to electronically record it. The conversation with Detective Bennett was not official questioning or, alternatively, non-recording was reasonable, so was admitted. The statement by the accused to her solicitor was not a confidential communication and thus not privileged under s 118 of the Evidence Act 1995, so was admissible.

Court Disposition

Evidence admitted in part.

Orders

  • ['Conversation between accused and Detective Hall excluded as inadmissible under s 281 Criminal Procedure Act 1986.' 'Conversation between accused and Detective Bennett admitted as not being official questioning or, alternatively, reasonable excuse for not recording.' 'Statement made by accused to solicitor while...