Regina v Raad Fajloun [2007] NSWDC 364

Regina v Raad Fajloun [2007] NSWDC 364

The court found that although the admission was obtained improperly (as the accused was effectively under arrest and not cautioned), the desirability of admitting the evidence outweighed the undesirability due to its high probative value and lack of grave impropriety. Additionally, there was a reasonable excuse for the lack of recording, as the police officers had no recording equipment and were responding to an unforeseeable domestic incident.

Jurisdiction
Australia
Judgment Date
14 November 2007
Procedural Posture
Criminal Trial / Voir Dire Judgment
Outcome
objections overruled; evidence admitted
Legal Topics
['admissibility of Evidence' 'unrecorded Police Admissions' 'improperly Obtained Evidence']
['criminal Law'] ['admissibility of Evidence' 'unrecorded Police Admissions' 'improperly Obtained Evidence']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Criminal Trial / Voir Dire Judgment

Legal Issues

  1. 1 ['Whether unrecorded admissions to police by the accused are admissible' 'Whether evidence was improperly obtained under the Evidence Act 1995' 'Whether there was a reasonable excuse for not recording the police interview under s281 Criminal Procedure Act 1986']

Ratio Decidendi

The court found that although the admission was obtained improperly (as the accused was effectively under arrest and not cautioned), the desirability of admitting the evidence outweighed the undesirability due to its high probative value and lack of grave impropriety. Additionally, there was a reasonable excuse for the lack of recording, as the police officers had no recording equipment and were responding to an unforeseeable domestic incident.

Court Disposition

objections overruled; evidence admitted

Orders

  • ['Objection under s 138 Evidence Act 1995 overruled' 'Objection under s 281 Criminal Procedure Act 1986 overruled']