R v Hunter (No 6) [2014] NSWSC 1149

R v Hunter (No 6) [2014] NSWSC 1149

Certain passages, specifically those made by the accused in response to investigative questions during transport and the final exchange at the gaol, occurred in the course of 'official questioning'. In the absence of a recording or reasonable excuse for its absence, these are inadmissible by force of s 281 of the Criminal Procedure Act 1986 (NSW). Exchanges concerning cautions and rights are not 'official questioning', so related admissions are admissible.

Jurisdiction
Australia
Judgment Date
04 July 2014
Procedural Posture
Criminal / Interlocutory Application on Admissibility of Evidence (voir Dire)
Outcome
Objection upheld in part: some admissions excluded, others admitted.
Legal Topics
['admissibility of Admissions' 'official Questioning' 'criminal Procedure Act 1986 (nsw) S 281']
['criminal Law' 'evidence'] ['admissibility of Admissions' 'official Questioning' 'criminal Procedure Act 1986 (nsw) S 281']

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Procedural Posture

Criminal / Interlocutory Application on Admissibility of Evidence (voir Dire)

Legal Issues

  1. 1 ["Whether admissions alleged to have been made by the accused fall within 'official questioning' for purposes of s 281 Criminal Procedure Act 1986 (NSW)" 'Whether the statutory requirements for audio or video recording of admissions were satisfied or a reasonable excuse for non-compliance was established']

Ratio Decidendi

Certain passages, specifically those made by the accused in response to investigative questions during transport and the final exchange at the gaol, occurred in the course of 'official questioning'. In the absence of a recording or reasonable excuse for its absence, these are inadmissible by force of s 281 of the Criminal Procedure Act 1986 (NSW). Exchanges concerning cautions and rights are not 'official questioning', so related admissions are admissible.

Court Disposition

Objection upheld in part: some admissions excluded, others admitted.

Orders

  • ['The whole of the first passage pertaining to the conversation in the police vehicle is excluded.' 'None of the second passage pertaining to the conversation at the police station is excluded.' "None of the third passage pertaining to the conversation at the gaol is excluded, except for the final statement of...