Admissibility of admissions- case law Flashcards
In Pollard V The Q
out line how the court came to the decision of allowing the admission made by the crook as admissible evidence
contention : was there 1 or 2 interviews
some argued the point that there was 1 therefore the entirety of the i/v should have been tape recorded.
Police was of the opinion that only the substance of the admission within the first I/V be confirmed.
1) the court first looked at the issues
- period of questioning done by PO
- >were there 2 or just 1 period
2) this was determined by
- time and venue
- relationship b/w interrogations
3) periods of questioning
- separated by time
- > 1st was short
- > 2nd was comprehensive
- > confession in the 2nd I/V was distinct and separate from the first interview therefore making the confession in the second admissible.
what is another case law similar to Pollard V The Queen
re: the admissibility of taped confessions
Heatherington V The Queen
If the initial period of questioning is distinct to that of the second period of interview then it is classified as two very distinct interviews.
To classify how they are distinct is determined by;
1) time and venue
2) how much detail goes into the 2nd interview making references to the first.
If the I/V were classified as 1 then the admission made would be inadmissible as pursuant to 464H (1)
should summary offences be taped
there is no legislative requirement that SO should be taped.
However in the event that IO may have been committed it is advisable that PO tape records the interview.
What is the primary reason for 464H
Prevent fabrication of admissions by police - known as verballing.
Intended to reduce challenges to the admissibiliy of admissions based on unfairness and involuntariness
what is 464H(1)(d)
464H(1)(d) states that admissions are inadmissible if they are not recorded on tape For
I/O.
Also, if it was recorded however If the tape is not available to be tendered in court then it is inadmissable.
Does not require for the whole questioning process for a suspect to be tape recorded for I/O
what is the section that provides the court discretion to admit evidence not recorded that would
otherwise be inadmissible by reason of 464H(1)
give example
464H(2)
Exceptional circumstances
- > Blackout during recording
- > malfunctioning of recorder
R V Dupas 2001
- > rec device malfunctioned in the car
- > during formal I/V Dupas denied making confession in car
