Director of Public Prosecutions (NSW) v Cottrell [2013] NSWLC 23

Director of Public Prosecutions (NSW) v Cottrell [2013] NSWLC 23

The court held that the conversation between Constable Vrahas and the accused escalated from informal discussion to questioning by an investigating official in connection with the investigation of the commission or possible commission of an offence. The requirements under s 281 of the Criminal Procedure Act 1986 were triggered. Since the admissions were not electronically recorded and no reasonable excuse was established, all admissions made after the point when the accused was implicated are inadmissible.

Jurisdiction
Australia
Judgment Date
26 July 2013
Procedural Posture
Criminal / Procedural Ruling on Admissibility of Evidence
Outcome
Admissions ruled inadmissible under s 281 of the Criminal Procedure Act 1986
Legal Topics
['admissibility of Admissions' 'official Questioning' 'electronic Recording Requirements']
['criminal Law' 'evidence'] ['admissibility of Admissions' 'official Questioning' 'electronic Recording Requirements']

Case Brief

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Procedural Posture

Criminal / Procedural Ruling on Admissibility of Evidence

Legal Issues

  1. 1 ['Whether the admissions made by the accused during a conversation with a fellow police officer were inadmissible due to failure to electronically record under s 281 of the Criminal Procedure Act 1986' "Whether the conversation constituted 'official questioning' by an 'investigating official' in connection with the investigation of an offence"]

Ratio Decidendi

The court held that the conversation between Constable Vrahas and the accused escalated from informal discussion to questioning by an investigating official in connection with the investigation of the commission or possible commission of an offence. The requirements under s 281 of the Criminal Procedure Act 1986 were triggered. Since the admissions were not electronically recorded and no reasonable excuse was established, all admissions made after the point when the accused was implicated are inadmissible.

Court Disposition

Admissions ruled inadmissible under s 281 of the Criminal Procedure Act 1986

Orders

  • ["Evidence of admissions after 'They are going to think it’s me' excluded from trial"]