R v Diallo & Ors (No 2) [2024] NSWSC 853

R v Diallo & Ors (No 2) [2024] NSWSC 853

Although there was a proper and sufficient reason for the absence of an adult during YA's questioning at the murder scene, the court was not satisfied that, in the circumstances, the statements should be admitted, having regard to YA's youth, vulnerability, and the purpose of s 13 of the Children (Criminal Proceedings) Act 1987 (NSW).

Parties
Prosecution: Rex; Defendant: Ibrahima Diallo; Defendant: AG; Defendant: YA; Defendant: AD; Defendant: Panashe Morgan Ryan Karise
Jurisdiction
Australia
Judgment Date
15 July 2024
Procedural Posture
Criminal / Pre Trial Evidentiary Ruling
Outcome
Evidence of YA's statement as recorded on the body worn video is inadmissible.
Legal Topics
Admissions by Children, Admissibility of Evidence, Statutory Protection of Children, Criminal Procedure
Criminal Law Evidence Admissions by Children Admissibility of Evidence Statutory Protection of Children Criminal Procedure

Case Brief

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Parties

Rex

Prosecution

Ibrahima Diallo

Defendant

AG

Defendant

YA

Defendant

AD

Defendant

Panashe Morgan Ryan Karise

Defendant

Procedural Posture

Criminal / Pre Trial Evidentiary Ruling

Legal Issues

  1. 1 Whether statements made by YA to police are admissible when made in absence of an adult, lawyer or support person under s 13 Children (Criminal Proceedings) Act 1987 (NSW)
  2. 2 Whether exception to statutory prohibition under s 13(1)(b) is established

Ratio Decidendi

Although there was a proper and sufficient reason for the absence of an adult during YA's questioning at the murder scene, the court was not satisfied that, in the circumstances, the statements should be admitted, having regard to YA's youth, vulnerability, and the purpose of s 13 of the Children (Criminal Proceedings) Act 1987 (NSW).

Court Disposition

Evidence of YA's statement as recorded on the body worn video is inadmissible.

Orders

  • The evidence of YA's words, as recorded on the body worn video, is inadmissible; evidence of YA's arrest and finding of items on his person is admissible without objection.