R v Fazlilar (No 1) [2018] NSWSC 642

R v Fazlilar (No 1) [2018] NSWSC 642

There was no evidence that the accused was confused about his right to not answer questions, and he exercised that right multiple times. Any potential impropriety from the officer's comment at question 14 was remedied by the accused's later acknowledgement and conduct. The desirability of admitting the interview outweighed any undesirability due to the minor impropriety alleged.

Jurisdiction
Australia
Judgment Date
01 June 2018
Procedural Posture
Criminal / Interlocutory Application During Trial
Outcome
application refused
Legal Topics
['admissibility of Evidence' 'caution in Police Interviews' 'impropriety in Obtaining Evidence']
['criminal Law' 'evidence'] ['admissibility of Evidence' 'caution in Police Interviews' 'impropriety in Obtaining Evidence']

Case Brief

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Procedural Posture

Criminal / Interlocutory Application During Trial

Legal Issues

  1. 1 ["Whether the caution given to the accused during a roadside police interview was undermined by the officer's comment" 'Whether the answers given in the interview were improperly obtained and should be excluded under s 138 of the Evidence Act 1995 (NSW)']

Ratio Decidendi

There was no evidence that the accused was confused about his right to not answer questions, and he exercised that right multiple times. Any potential impropriety from the officer's comment at question 14 was remedied by the accused's later acknowledgement and conduct. The desirability of admitting the interview outweighed any undesirability due to the minor impropriety alleged.

Court Disposition

application refused

Orders

  • ["The accused's application to have his interview with police on 16 November 2015 excluded is refused."]