R v Tarantino (No 6) [2019] NSWSC 1174

R v Tarantino (No 6) [2019] NSWSC 1174

The Court held that ss 84, 85 and 90 of the Evidence Act 1995 did not operate to exclude the admissions of the accused. There were no actual threats—only perceived threats arising from the accused's schizoaffective disorder and delusional beliefs, which do not engage s 84. The circumstances of the police questioning and interviews, including consideration of the accused's mental illness and tiredness, were not such as to make it unlikely that the truth of the admissions was adversely affected under s 85. The use of the evidence was not unfair under s 90, as possible unreliability from mental illness is a matter for the jury to assess. Accordingly, the evidence of admissions is admissible,...

Jurisdiction
Australia
Judgment Date
06 September 2019
Procedural Posture
Criminal / Voir Dire Ruling on Admissibility of Evidence
Outcome
Objections to admissibility of evidence of admissions based on ss 84, 85 and 90 of the Evidence Act 1995 rejected; evidence admitted.
Legal Topics
['admissibility of Confessions' 'mental Illness and Reliability of Admissions' 'suppression Orders' 'murder' 'voir Dire Procedure']
['criminal Law' 'evidence'] ['admissibility of Confessions' 'mental Illness and Reliability of Admissions' 'suppression Orders' 'murder' 'voir Dire Procedure']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal / Voir Dire Ruling on Admissibility of Evidence

Legal Issues

  1. 1 ['Whether admissions made by the accused should be excluded under ss 84, 85 or 90 of the Evidence Act 1995 due to alleged threats or unreliability arising from mental illness' "Whether the accused's delusional beliefs affect the voluntariness and reliability of admissions" 'Whether perceived (not actual) threats engage the exclusionary rule under the Evidence Act 1995']

Ratio Decidendi

The Court held that ss 84, 85 and 90 of the Evidence Act 1995 did not operate to exclude the admissions of the accused. There were no actual threats—only perceived threats arising from the accused's schizoaffective disorder and delusional beliefs, which do not engage s 84. The circumstances of the police questioning and interviews, including consideration of the accused's mental illness and tiredness, were not such as to make it unlikely that the truth of the admissions was adversely affected under s 85. The use of the evidence was not unfair under s 90, as possible unreliability from mental illness is a matter for the jury to assess. Accordingly, the evidence of admissions is admissible,...

Court Disposition

Objections to admissibility of evidence of admissions based on ss 84, 85 and 90 of the Evidence Act 1995 rejected; evidence admitted.

Orders

  • ['(1) The objections to the admissibility of the evidence of admissions described at [3], based in varying respects on ss 84, 85 and 90 of the Evidence Act 1995, are rejected.' '(2) The evidence of the admissions will be admitted, save that admission of the evidence of admissions recorded in the statements of Senior...