R v Archer (No 1) [2021] NSWSC 569

R v Archer (No 1) [2021] NSWSC 569

The ERISP was excluded because the police acted improperly by persisting in questioning after the accused asserted his right to silence, particularly in light of the accused's intoxication and drowsiness, and the impropriety was deliberate and grave. The body worn video recordings were admitted, as the admissions therein were made voluntarily after caution, without unfairness or impropriety.

Parties
Prosecution: Regina; Accused: Richard Archer
Jurisdiction
Australia
Judgment Date
21 May 2021
Procedural Posture
Criminal / Pre Trial Evidentiary Ruling
Outcome
Partly allowed; ERISP excluded, body worn video admitted.
Legal Topics
Admissibility of Evidence, Admissions, Lies as Admissions, Consciousness of Guilt, Right to Silence, Intoxication and Reliability, Police Impropriety
Criminal Law Evidence Admissibility of Evidence Admissions Lies as Admissions Consciousness of Guilt Right to Silence Intoxication and Reliability +1 more

Case Brief

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Parties

Regina

Prosecution

Richard Archer

Accused

Procedural Posture

Criminal / Pre Trial Evidentiary Ruling

Legal Issues

  1. 1 Whether the ERISP should be excluded due to unreliability, unfairness, or impropriety.
  2. 2 Whether body worn video recordings are admissible.
  3. 3 Impact of accused's intoxication on reliability and fairness of admissions.

Ratio Decidendi

The ERISP was excluded because the police acted improperly by persisting in questioning after the accused asserted his right to silence, particularly in light of the accused's intoxication and drowsiness, and the impropriety was deliberate and grave. The body worn video recordings were admitted, as the admissions therein were made voluntarily after caution, without unfairness or impropriety.

Court Disposition

Partly allowed; ERISP excluded, body worn video admitted.

Orders

  • The ERISP is inadmissible.
  • The body worn video recordings are admissible.