Admissions Flashcards
What is the exception to hearsay for admissions?
Section 81 of the evidence act
(1) The hearsay rule and the opinion rule do not apply to evidence of an admission. (E.g. The accused said ‘Yes I hit her’
(2) The hearsay rule and the opinion rule do not apply to evidence of a previous representation:
(a)that was made in relation to an admission at the time the admission was made, or shortly before or after that time, and
(b)to which it is reasonably necessary to refer in order to understand the admission. (e.g. the police officers question, ‘It is alleged at 8pm tonight 2/11/23 you punched your wife, Sarah Jones.’)
What is the definition of an admission?
Admission”means a previous representation that is—
Made by a person who is or becomes a party to a proceeding (including a defendant in a criminal proceeding),
and
Adverse to the person’s interest in the outcome of the proceeding.
Other than verbal, what else can be relied upon for an admission?
Express spoken words – “I’m going to kill you” – The threat is expressly outlined.
Inferences from words – “Do what I say or else” – The threat is a representation implied by words.
Express inferences from conduct – The victim pointing at the Defendant when asked “who did it?”
Implied Inferences from conduct – The Defendant moving his finger across his neck towards the Victim – The threat is a representation implied by conduct.
Not communicated words – The diary of the Defendant or words spoken to one’s self.
Can include lies, flight, silence.
What is the case law regarding Pavitt v Ragina for admissions?
This case relates to Sexual assault over a period of a number of years. Admissions made to an undercover police officer.
The case states:
If the admission is made on a voluntary basis prior to official questioning and being asked if they wished to be interviewed then it would be harder for the defence to argue that s90 should apply to make the evidence inadmissible.
What does S84 of the evidence act state in regards to admissions?
When does this section apply?
(1) Evidence of an admission is not admissible unless the court is satisfied that the admission, and the making of the admission, were not influenced by:
(a)violent, oppressive, inhuman or degrading conduct, whether towards the person who made the admission or towards another person, or
(b)a threat of conduct of that kind.
(2) Subsection (1) only applies if the party against whom evidence of the admission is adduced has raised in the proceeding an issue about whether the admission or its making were so influenced.
What is S90 of the Evidence act state in regards to admissions?
In a criminal proceeding, the court may refuse to admit evidence of an admission, or refuse to admit evidence to prove a particular fact, if:
(a) the evidence is adduced by the prosecution, and
(b) having regard to the circumstances in which the admission was made it would be unfair to a defendant to use the evidence.
