Admissions Flashcards
Admissions
Admission is a PR made by a party (or made on their authority: 87) that is adverse to their interest in the outcome of the proceeding.
The hearsay and opinion rules don’t apply to evidence of an admission or to evidence of a PR made in relation to an admission to which it is reasonably necessary to refer in order to understand the admission (81). However the evidence of the admission must be firsthand, i.e. given by a person who saw, heard or perceived the admission being made, or a document in which the admission is made (82). 
Third party admissions
Per s 83(1), s 81 does not prevent the application of the hearsay or opinion rule to evidence of an admission in respect of the case of a third party (a party other than the party who made the admission or adduced the evidence). However the evidence maybe used for or against the third-party if that party consents, but consent cannot be given in respect of part only of the evidence. 
Influenced by violence?
The court must be satisfied that the admission was not influenced by violent, oppressive, inhuman or degrading conduct or a threat thereof, whether made to the person who made the admission or another (84). Onus is on the accused to raise this as an issue, then shifts to prosecution (84(2)). 
If made in presence of investigating official
If made to or in the presence of an investigating official or as a result of an act of a person who was, and A knew or reasonably believed to be capable of influencing the decision to prosecute, only admissible if the circumstances in which the admission was made make it unlikely that its truth was adversely affected (85). The court is to consider characteristics of the person who made the admission (age, personality, education, disability) and the nature of any questioning and any threats, inducement or promise.
Written records of oral admissions
Written records of oral admissions (other than transcript) by A in response to questions or representations by investigating officials are not admissible unless A acknowledged it as a true record by signing, initialling or otherwise marking the document (86).
No unfavourable inference
An inference unfavourable to A must not be drawn from evidence that A failed or refused to answer one or more questions or to respond to a representation made by an investigating official who was performing functions in connection with the investigation of a (possible) offence. Evidence of that kind is not admissible if it can only be used to draw such an inference (but it can be used to prove failure to respond if that is a fact in issue) (89).
Unfairness discretion.
The court has a discretion to refuse to admit evidence of an admission or to refuse to admit it to prove a particular fact if the evidence is adduced by the prosecution and, having regard to the circumstances in which it was made, it would be unfair to A (90).
If unclear whether admission was made..
For the purposes of considering admissibility of an admission, the court is to find the person made the admission if it is reasonably open to so find (88).
