R v Bevan Charles DOOLAN [2014] NSWDC 170

R v Bevan Charles DOOLAN [2014] NSWDC 170

Evidence of admissions at the scene of arrest and at the police station is inadmissible: the requirements of s281 Criminal Procedure Act 1986 were not satisfied because there was no reasonable excuse for not tape recording; operational decisions not to provide recorders do not suffice. Furthermore, admissions at the police station were not reliable under s85 Evidence Act 1995 due to the accused's significant intellectual disability and lack of understanding of caution and right to silence.

Jurisdiction
Australia
Judgment Date
17 April 2014
Procedural Posture
Criminal / Voir Dire Ruling During Special Hearing After Finding Accused Unfit to Plead
Outcome
Evidence of admissions rejected as inadmissible.
Legal Topics
['admissibility of Admissions' 'special Hearing' 'evidence Law' 'rights of Persons With Disabilities' 'aboriginal Accused' 'recording of Admissions']
['criminal Law' 'criminal Procedure'] ['admissibility of Admissions' 'special Hearing' 'evidence Law' 'rights of Persons With Disabilities' 'aboriginal Accused' 'recording of Admissions']

Case Brief

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Procedural Posture

Criminal / Voir Dire Ruling During Special Hearing After Finding Accused Unfit to Plead

Legal Issues

  1. 1 ['Whether police admissions at scene and at police station are admissible given lack of tape recording and intellectual disability of accused' 'Whether there was a reasonable excuse for failure to tape record admissions under s281 Criminal Procedure Act 1986' "Whether admissions made at police station were reliable under s85 Evidence Act 1995 given the accused's intellectual disability"]

Ratio Decidendi

Evidence of admissions at the scene of arrest and at the police station is inadmissible: the requirements of s281 Criminal Procedure Act 1986 were not satisfied because there was no reasonable excuse for not tape recording; operational decisions not to provide recorders do not suffice. Furthermore, admissions at the police station were not reliable under s85 Evidence Act 1995 due to the accused's significant intellectual disability and lack of understanding of caution and right to silence.

Court Disposition

Evidence of admissions rejected as inadmissible.

Orders

  • ['Evidence of admissions made at the scene to Constables Beltman and Barry rejected;' "Portion of Detective Sergeant Walker's statement referring to accused's alleged admissions excluded;" 'Evidence of admissions in the recorded conversation at police station rejected.']