R v Armstrong [2010] NSWSC 483

R v Armstrong [2010] NSWSC 483

Crown failed to establish that accused refused electronic recording prior to interrogation; failure to ascertain consent before questioning precludes statutory exception; no reasonable excuse demonstrated, therefore evidence of admissions excluded under s 281 of the Criminal Procedure Act 1986.

Jurisdiction
Australia
Judgment Date
21 May 2010
Procedural Posture
Criminal / Procedural Ruling During Trial
Outcome
Objection upheld; evidence excluded.
Legal Topics
['admissibility of Evidence' 'murder' 'recording of Police Interviews' 'statutory Interpretation']
['criminal Law' 'evidence Law' 'procedure'] ['admissibility of Evidence' 'murder' 'recording of Police Interviews' 'statutory Interpretation']

Case Brief

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Procedural Posture

Criminal / Procedural Ruling During Trial

Legal Issues

  1. 1 ['Whether evidence of a conversation between accused and police was inadmissible under s 281 of the Criminal Procedure Act 1986 due to failure to record the interview' "Whether a 'reasonable excuse' existed for failure to electronically record the conversation as required by statute" 'Whether accused refused recording, satisfying statutory exception' 'Whether exclusion required under Evidence Act 1995 (ss 85, 90, 138)']

Ratio Decidendi

Crown failed to establish that accused refused electronic recording prior to interrogation; failure to ascertain consent before questioning precludes statutory exception; no reasonable excuse demonstrated, therefore evidence of admissions excluded under s 281 of the Criminal Procedure Act 1986.

Court Disposition

Objection upheld; evidence excluded.

Orders

  • ['Evidence of conversation between accused and police excluded from trial.']