R v Qaumi & Ors (No 48) [2016] NSWSC 1008

R v Qaumi & Ors (No 48) [2016] NSWSC 1008

The impugned admissions were made in the course of official questioning by police and were not electronically recorded. There was no reasonable excuse for the failure to record. Therefore, the evidence detailed in paragraph 26 of Detective Sharkey's statement is inadmissible under s 281 Criminal Procedure Act 1986 (NSW).

Jurisdiction
Australia
Judgment Date
22 July 2016
Procedural Posture
Criminal / Ruling on Evidentiary Objection During Jury Trial
Outcome
evidence excluded
Legal Topics
['admissibility of Admissions' 'official Questioning' 'electronic Recording of Admissions' 'tendency Evidence' 'exercise of Discretion Under Evidence Act']
['criminal Law' 'evidence Law'] ['admissibility of Admissions' 'official Questioning' 'electronic Recording of Admissions' 'tendency Evidence' 'exercise of Discretion Under Evidence Act']

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Procedural Posture

Criminal / Ruling on Evidentiary Objection During Jury Trial

Legal Issues

  1. 1 ['Whether the alleged admission by Farhad Qaumi was made in the course of official questioning for the purposes of s 281 of the Criminal Procedure Act 1986 (NSW)' "Whether the evidence in paragraph 26 of Detective Sharkey's statement should be excluded for failing to be electronically recorded" 'Whether the evidence is relevant other than as tendency evidence' 'Whether the evidence should be excluded under ss 135, 137, or 90 of the Evidence Act 1995 (NSW)']

Ratio Decidendi

The impugned admissions were made in the course of official questioning by police and were not electronically recorded. There was no reasonable excuse for the failure to record. Therefore, the evidence detailed in paragraph 26 of Detective Sharkey's statement is inadmissible under s 281 Criminal Procedure Act 1986 (NSW).

Court Disposition

evidence excluded

Orders

  • ["Paragraph 26 of Detective Sharkey's statement is inadmissible."]