R v APCR R v CP [2006] NSWDC 12

R v APCR R v CP [2006] NSWDC 12

The records of interview were excluded because the accused were vulnerable Aboriginal juveniles and the police failures to comply with protective procedures, including proper support and ALS notification requirements, made admission of the admissions unfair and improper; in CP's case the interview was also not voluntary because police pressure applied through his mother circumvented legal advice that he would not be interviewed and overbore his will.

Jurisdiction
Australia
Judgment Date
07 September 2006
Procedural Posture
Criminal Proceedings / Voir Dire on Admissibility of Records of Interview During Jury Trial
Outcome
Records of interview rejected.
Legal Topics
['arrest' 'aboriginal Detainee Custody Notification' 'juvenile Suspects' 'support Person Requirements' 'admissibility of Erisp' 'discretion to Exclude Admissions' 'investigation Period']
['criminal Law' 'evidence' 'criminal Procedure' "children's Criminal Proceedings"] ['arrest' 'aboriginal Detainee Custody Notification' 'juvenile Suspects' 'support Person Requirements' 'admissibility of Erisp' 'discretion to Exclude Admissions' 'investigation Period']

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Procedural Posture

Criminal Proceedings / Voir Dire on Admissibility of Records of Interview During Jury Trial

Legal Issues

  1. 1 ['Whether the record of interview/ERISP of APC should be admitted despite alleged failures in procedures protecting vulnerable Aboriginal juvenile detainees.' 'Whether the record of interview/ERISP of CP was voluntary and admissible after legal advice had been given that he would not participate in an interview.' 'Whether police complied with obligations concerning Aboriginal custody notification, support persons, detention of children, and the investigation period.']

Ratio Decidendi

The records of interview were excluded because the accused were vulnerable Aboriginal juveniles and the police failures to comply with protective procedures, including proper support and ALS notification requirements, made admission of the admissions unfair and improper; in CP's case the interview was also not voluntary because police pressure applied through his mother circumvented legal advice that he would not be interviewed and overbore his will.

Court Disposition

Records of interview rejected.

Orders

  • ['The ERISP of APC is excluded.' 'The ERISP of CP is rejected.']