R v HELMHOUT [2001] NSWCCA 372

R v HELMHOUT [2001] NSWCCA 372

Despite non-compliance with Clause 28, the trial judge properly exercised discretion under s 138 of the Evidence Act in admitting the confession, taking into account the appellant's personal characteristics, the probative value of the evidence, the absence of deliberate or reckless breach, and the importance of the evidence. The appellant, while Aboriginal, was not in fact vulnerable so as to require exclusion of the confession; the appeal should be dismissed.

Jurisdiction
Australia
Judgment Date
19 September 2001
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Outcome
appeal dismissed
Legal Topics
['admissibility of Confession' 'vulnerable Persons' 'improperly Obtained Evidence' 'evidence Obtained in Contravention of Regulation']
['criminal Law'] ['admissibility of Confession' 'vulnerable Persons' 'improperly Obtained Evidence' 'evidence Obtained in Contravention of Regulation']

Case Brief

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Procedural Posture

Criminal Appeal / Appeal Against Conviction

Legal Issues

  1. 1 ['Whether the confession made by the appellant in custody should have been admitted despite non-compliance with Clause 28 of the Crimes (Detention after Arrest) Regulation 1998' 'Whether the trial judge properly exercised discretion under s 138 of the Evidence Act in admitting the confession']

Ratio Decidendi

Despite non-compliance with Clause 28, the trial judge properly exercised discretion under s 138 of the Evidence Act in admitting the confession, taking into account the appellant's personal characteristics, the probative value of the evidence, the absence of deliberate or reckless breach, and the importance of the evidence. The appellant, while Aboriginal, was not in fact vulnerable so as to require exclusion of the confession; the appeal should be dismissed.

Court Disposition

appeal dismissed

Orders

  • ['Appeal dismissed' 'Conviction and sentence affirmed']