R v Marley [1932] HCA 41

R v Marley [1932] HCA 41

Admissions by an accused made voluntarily to police, even if they refer to other offences, are not inadmissible solely on those grounds; the trial judge should direct the jury to prevent prejudice, but such admissions are evidence against the accused.

Parties
Applicant: The King; Respondent: Marley
Jurisdiction
Australia
Procedural Posture
Application for Special Leave to Appeal / Determination of Application
Outcome
special leave to appeal refused
Legal Topics
Admissibility of Admissions, Prejudicial Evidence, Voluntary Statements to Police, Reference to Prior Offences
Criminal Law Evidence Admissibility of Admissions Prejudicial Evidence Voluntary Statements to Police Reference to Prior Offences

Case Brief

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Parties

The King

Applicant

Marley

Respondent

Procedural Posture

Application for Special Leave to Appeal / Determination of Application

Legal Issues

  1. 1 Whether admissions by an accused that inseparably reference other offences are inadmissible due to prejudicial effect
  2. 2 Whether voluntary conversations with police post-custody are admissible

Ratio Decidendi

Admissions by an accused made voluntarily to police, even if they refer to other offences, are not inadmissible solely on those grounds; the trial judge should direct the jury to prevent prejudice, but such admissions are evidence against the accused.

Court Disposition

special leave to appeal refused

Orders

  • Special leave to appeal from the decision of the Court of Criminal Appeal of Tasmania refused.