R v Linda Maree Troutman [2013] NSWDC 316

R v Linda Maree Troutman [2013] NSWDC 316

No reasonable excuse was proven for failure to tape record the alleged admissions, as tape recording equipment could have been obtained or requested within a reasonable period at the scene, thus the admissions are not admissible under s281.

Parties
Prosecution: The Crown; Accused: Linda Maree Troutman
Jurisdiction
Australia
Judgment Date
02 October 2013
Procedural Posture
Criminal / Pre Trial Evidentiary Ruling (voir Dire)
Outcome
Admissions rejected
Legal Topics
Admissibility of Evidence, Verbal Admissions, Break and Enter, Reasonable Excuse for Non Recording
Criminal Law Admissibility of Evidence Verbal Admissions Break and Enter Reasonable Excuse for Non Recording

Case Brief

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Parties

The Crown

Prosecution

Linda Maree Troutman

Accused

Procedural Posture

Criminal / Pre Trial Evidentiary Ruling (voir Dire)

Legal Issues

  1. 1 Whether the accused's verbal admissions are admissible under s281 of the Criminal Procedure Act 1989 when not tape recorded
  2. 2 Whether there was a reasonable excuse for not tape recording the alleged admissions

Ratio Decidendi

No reasonable excuse was proven for failure to tape record the alleged admissions, as tape recording equipment could have been obtained or requested within a reasonable period at the scene, thus the admissions are not admissible under s281.

Court Disposition

Admissions rejected

Orders

  • Admissions rejected pursuant to s281 of the Criminal Procedure Act 1989.