Police v Beckett [2012] NSWLC 5

Police v Beckett [2012] NSWLC 5

Although the failure to notify the Aboriginal Legal Service was a significant breach of mandatory safeguards and reflected a systemic failure, it was not deliberate or reckless, other safeguards including cautions were provided, the admissions were highly probative and important, and the alleged affray was serious. On balance, the desirability of admitting the ERISP outweighed the undesirability of admitting evidence obtained improperly or illegally.

Jurisdiction
Australia
Judgment Date
29 June 2012
Procedural Posture
Criminal / Voir Dire on Admissibility of an ERISP
Outcome
The ERISP is admitted in evidence.
Legal Topics
['admissibility of Improperly or Illegally Obtained Evidence' 'section 138 Evidence Act 1995' 'lepra Safeguards for Aboriginal Persons in Custody' 'police Interview Evidence']
['criminal Law' 'evidence'] ['admissibility of Improperly or Illegally Obtained Evidence' 'section 138 Evidence Act 1995' 'lepra Safeguards for Aboriginal Persons in Custody' 'police Interview Evidence']

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Procedural Posture

Criminal / Voir Dire on Admissibility of an ERISP

Legal Issues

  1. 1 ['Whether the ERISP should be admitted despite police failure to notify the Aboriginal Legal Service after the defendant identified as Aboriginal.' 'Whether the desirability of admitting the ERISP outweighed the undesirability of admitting evidence obtained improperly or illegally under s 138 of the Evidence Act 1995.']

Ratio Decidendi

Although the failure to notify the Aboriginal Legal Service was a significant breach of mandatory safeguards and reflected a systemic failure, it was not deliberate or reckless, other safeguards including cautions were provided, the admissions were highly probative and important, and the alleged affray was serious. On balance, the desirability of admitting the ERISP outweighed the undesirability of admitting evidence obtained improperly or illegally.

Court Disposition

The ERISP is admitted in evidence.

Orders

  • ['The ERISP will be admitted in evidence.']