R v Tarantino (No 5) [2019] NSWSC 1056

R v Tarantino (No 5) [2019] NSWSC 1056

The prosecution failed to establish a reasonable excuse for not obtaining a tape recording of the accused regarding the alleged 1999 admission during interviews in 2016, as required by s 281 of the Criminal Procedure Act 1986. Therefore, the evidence of the unrecorded admission is excluded.

Jurisdiction
Australia
Judgment Date
16 August 2019
Procedural Posture
Criminal / Voir Dire Ruling (evidentiary Exclusion)
Outcome
Evidence rejected
Legal Topics
['admissions' 'exclusion of Evidence' 'unrecorded Interviews' 'reasonableness of Excuse' 'criminal Procedure Act 1986 S 281']
['criminal Law' 'evidence'] ['admissions' 'exclusion of Evidence' 'unrecorded Interviews' 'reasonableness of Excuse' 'criminal Procedure Act 1986 S 281']

Case Brief

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Procedural Posture

Criminal / Voir Dire Ruling (evidentiary Exclusion)

Legal Issues

  1. 1 ["Whether evidence of a detective's notes from an unrecorded 1999 interview with the accused should be excluded by operation of s 281 of the Criminal Procedure Act 1986 due to lack of reasonable excuse for not conducting a recorded interview."]

Ratio Decidendi

The prosecution failed to establish a reasonable excuse for not obtaining a tape recording of the accused regarding the alleged 1999 admission during interviews in 2016, as required by s 281 of the Criminal Procedure Act 1986. Therefore, the evidence of the unrecorded admission is excluded.

Court Disposition

Evidence rejected

Orders

  • ['Evidence of the alleged admission by the accused to Detective Powell in July 1999 is excluded under s 281(2) of the Criminal Procedure Act 1986.']