R v BLAKE [2021] NSWDC 536

R v BLAKE [2021] NSWDC 536

The ERISP after question and answer 56 is inadmissible because the accused was a vulnerable person under LEPRA; police failed to comply with procedural safeguards for such persons, and the conditions and manner of questioning rendered the admissions unreliable and unfair under ss 138, 85 and 90 of the Evidence Act. Admissions to Ms Kathleen Beeby are admissible as they were volunteered in an informal, non-custodial context. Given the complexity of the evidence and the accused's cognitive barriers, the trial is to be conducted by judge alone under s 365 of the Criminal Procedure Act.

Jurisdiction
Australia
Judgment Date
27 August 2021
Procedural Posture
Criminal / Pre Trial Ruling on Admissibility of Evidence and Application for Judge Alone Trial
Outcome
Orders made as to admissibility of evidence and trial procedure.
Legal Topics
['admissibility of Admissions' 'vulnerable Persons' 'judge Alone Trial' 'improperly Obtained Evidence' 'unfairness Discretion' 'unreliable Admissions']
['criminal Law' 'evidence' 'criminal Procedure'] ['admissibility of Admissions' 'vulnerable Persons' 'judge Alone Trial' 'improperly Obtained Evidence' 'unfairness Discretion' 'unreliable Admissions']

Case Brief

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Procedural Posture

Criminal / Pre Trial Ruling on Admissibility of Evidence and Application for Judge Alone Trial

Legal Issues

  1. 1 ['Whether admissions made by the accused in the police interview (ERISP) after question 56 are admissible' 'Whether admissions made by the accused to Ms Kathleen Beeby are admissible' 'Whether the accused is a vulnerable person for the purpose of LEPRA' 'Whether the trial should be conducted by judge alone']

Ratio Decidendi

The ERISP after question and answer 56 is inadmissible because the accused was a vulnerable person under LEPRA; police failed to comply with procedural safeguards for such persons, and the conditions and manner of questioning rendered the admissions unreliable and unfair under ss 138, 85 and 90 of the Evidence Act. Admissions to Ms Kathleen Beeby are admissible as they were volunteered in an informal, non-custodial context. Given the complexity of the evidence and the accused's cognitive barriers, the trial is to be conducted by judge alone under s 365 of the Criminal Procedure Act.

Court Disposition

Orders made as to admissibility of evidence and trial procedure.

Orders

  • ['The content of the ERISP after question and answer 56 is rejected;' 'Admissions made by the accused to Ms Kathleen Beeby on 27 October are admitted;' 'Any trial to be conducted by judge alone pursuant to s 365 of the Criminal Procedure Act.']