R v Franklin (No 2) [2020] NSWSC 1191

R v Franklin (No 2) [2020] NSWSC 1191

It was reasonably open on the evidence to find the accused made the alleged admission, and although the accused was floridly mentally ill at the relevant time, the circumstances in which the admission was made (including the civilian nature of the questioner and lack of unfair conduct) did not make it unfair to use the evidence; therefore, the discretion to exclude under s 90 was declined.

Jurisdiction
Australia
Judgment Date
04 September 2020
Procedural Posture
Criminal / Special Hearing, Voir Dire Ruling on Admissibility of Evidence
Outcome
Discretion to exclude admission declined; evidence of the admission admitted.
Legal Topics
['admissibility of Evidence' 'murder' 'arson' 'admissions' 'discretionary Exclusion' 'mental Illness']
['criminal Law'] ['admissibility of Evidence' 'murder' 'arson' 'admissions' 'discretionary Exclusion' 'mental Illness']

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Procedural Posture

Criminal / Special Hearing, Voir Dire Ruling on Admissibility of Evidence

Legal Issues

  1. 1 ['Whether the alleged admission made by the accused should be excluded pursuant to s 90 of the Evidence Act 1995 (NSW)' 'Whether it is reasonably open to find that the accused made the admission for the purpose of s 88 of the Evidence Act 1995 (NSW)' 'The reliability and fairness of admitting an alleged admission made by a severely mentally ill accused']

Ratio Decidendi

It was reasonably open on the evidence to find the accused made the alleged admission, and although the accused was floridly mentally ill at the relevant time, the circumstances in which the admission was made (including the civilian nature of the questioner and lack of unfair conduct) did not make it unfair to use the evidence; therefore, the discretion to exclude under s 90 was declined.

Court Disposition

Discretion to exclude admission declined; evidence of the admission admitted.

Orders

  • []