R v DLW (No. 3) [2020] NSWDC 283

R v DLW (No. 3) [2020] NSWDC 283

The statements by the accused were not made 'in the course of official questioning' for the purposes of s 281 of the Criminal Procedure Act 1986 (NSW) or 'during questioning' under s 139 of the Evidence Act 1995 (NSW). There was no formal or informal interrogation; rather, officers imparted information and sought extradition consent. Thus, objections under s 281 and s 139 fail, and the admissions are admissible.

Jurisdiction
Australia
Judgment Date
01 June 2020
Procedural Posture
Criminal / Ruling on Admissibility of Evidence
Outcome
application granted
Legal Topics
['admissibility of Evidence' 'alleged Admissions' 'official Questioning' 'improperly Obtained Evidence']
['criminal Law'] ['admissibility of Evidence' 'alleged Admissions' 'official Questioning' 'improperly Obtained Evidence']

Case Brief

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Procedural Posture

Criminal / Ruling on Admissibility of Evidence

Legal Issues

  1. 1 ['Whether the alleged admissions made by the accused to police officers are admissible' "Whether the admissions were made 'in the course of official questioning' under s 281 of the Criminal Procedure Act 1986 (NSW)" 'Whether the accused was under arrest for an offence for the purposes of s 139 of the Evidence Act 1995 (NSW)' 'Whether the desirability of evidence being admitted outweighs the undesirability of admitting improperly obtained evidence']

Ratio Decidendi

The statements by the accused were not made 'in the course of official questioning' for the purposes of s 281 of the Criminal Procedure Act 1986 (NSW) or 'during questioning' under s 139 of the Evidence Act 1995 (NSW). There was no formal or informal interrogation; rather, officers imparted information and sought extradition consent. Thus, objections under s 281 and s 139 fail, and the admissions are admissible.

Court Disposition

application granted

Orders

  • ['The alleged statements are admissible as evidence in the proceeding.']