R v Schiavini [1999] NSWCCA 165

R v Schiavini [1999] NSWCCA 165

The evidence of the appellant’s alleged admissions recorded in Det. Inspector Rees’s notebook was wrongly admitted. Section 86 of the Evidence Act did not overcome inadmissibility under s 424A of the Crimes Act. Even if there was a reasonable excuse for not recording the 1997 interview, the later recorded interview in June 1998 provided an opportunity to make a recording of the appellant about the making and terms of the earlier admissions, and the prosecution failed to establish that it was not possible to make such a recording. Because the wrongly admitted admissions were significant in a Crown case that relied heavily on accomplice evidence, the conviction had to be quashed and a new...

Jurisdiction
Australia
Judgment Date
01 July 1999
Procedural Posture
Criminal Appeal Against Conviction / Appeal in the New South Wales Court of Criminal Appeal From Convictions in the District Court
Outcome
Appeal allowed; conviction quashed; new trial ordered.
Legal Topics
['admissibility of Admissions' 'police Notebook Admissions' 'electronic Recording of Interviews' 'reasonable Excuse Under S 424 a of the Crimes Act' 'section 86 of the Evidence Act']
['criminal Law' 'evidence'] ['admissibility of Admissions' 'police Notebook Admissions' 'electronic Recording of Interviews' 'reasonable Excuse Under S 424 a of the Crimes Act' 'section 86 of the Evidence Act']

Case Brief

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Procedural Posture

Criminal Appeal Against Conviction / Appeal in the New South Wales Court of Criminal Appeal From Convictions in the District Court

Legal Issues

  1. 1 ['Whether the trial judge erred in admitting evidence of admissions allegedly made by the appellant to Det. Inspector Rees during an interview on 10 November 1997.' 'Whether admissions recorded in a police notebook and signed by the appellant were inadmissible because no tape recording satisfying s 424A of the Crimes Act was available.' 'Whether s 86 of the Evidence Act could be used to admit evidence of admissions that was inadmissible under s 424A of the Crimes Act.' 'Whether the prosecution established a reasonable excuse as to why a tape recording contemplated by s 424A(2)(b) could not be made during the later recorded interview in June 1998.']

Ratio Decidendi

The evidence of the appellant’s alleged admissions recorded in Det. Inspector Rees’s notebook was wrongly admitted. Section 86 of the Evidence Act did not overcome inadmissibility under s 424A of the Crimes Act. Even if there was a reasonable excuse for not recording the 1997 interview, the later recorded interview in June 1998 provided an opportunity to make a recording of the appellant about the making and terms of the earlier admissions, and the prosecution failed to establish that it was not possible to make such a recording. Because the wrongly admitted admissions were significant in a Crown case that relied heavily on accomplice evidence, the conviction had to be quashed and a new...

Court Disposition

Appeal allowed; conviction quashed; new trial ordered.

Orders

  • ['Appeal allowed.' 'Conviction quashed.' 'New trial ordered.']