Carlton v R [2010] NSWCCA 81

Carlton v R [2010] NSWCCA 81

Even if the evidence of admissions recorded after arrest was unlawfully obtained and inadmissible, there was overwhelming circumstantial evidence of guilt, so no substantial miscarriage of justice occurred and the appeal must be dismissed.

Parties
Appellant: Matthew John Carlton; Respondent: Regina
Jurisdiction
Australia
Judgment Date
07 May 2010
Procedural Posture
Criminal Appeal / Appeal From Conviction and Sentence
Outcome
Appeal dismissed
Legal Topics
Evidence, Admissibility of Recorded Admissions, Drug Offences, Unlawfully Obtained Evidence, Proviso Application
Criminal Law Evidence Admissibility of Recorded Admissions Drug Offences Unlawfully Obtained Evidence Proviso Application

Case Brief

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Parties

Matthew John Carlton

Appellant

Regina

Respondent

Procedural Posture

Criminal Appeal / Appeal From Conviction and Sentence

Legal Issues

  1. 1 Whether evidence of admission recorded on in-car video (ICV) after arrest was inadmissible due to statutory prohibition
  2. 2 Whether failure to object to admission of the audio recording at trial led to a substantial miscarriage of justice
  3. 3 Whether the proviso (no substantial miscarriage of justice) should be applied

Ratio Decidendi

Even if the evidence of admissions recorded after arrest was unlawfully obtained and inadmissible, there was overwhelming circumstantial evidence of guilt, so no substantial miscarriage of justice occurred and the appeal must be dismissed.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.