Admissions Flashcards
What is an ‘admission’?
Dictionary: An ‘admission’ means a previous representation that is: (a) made by a person who is or becomes a party to a proceeding and (b) adverse to the person’s interest in the outcome of the proceeding
*Any inculpatory statement made by an accused
Are admissions verbal only?
No - Admissions can also be physical actions such as: gestures (e.g. Raising hand) or flight (e.g. Running away)
Are admissions hearsay?
Yes - Admissions are adduced to prove the truth of the fact asserted by the defendant. Section 59 exclusion of hearsay applies.
Is there an exception to the hearsay rule in relation to admissions?
Yes - Section 81 states: (1) the hearsay rule does not apply to evidence of an admission (2) the hearsay rule does 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 to in order to understand the admission.
What exclusion to the hearsay exception applies to evidence that is not first-hand?
Section 82 - Evidence of an admission must be given by a person who perceived the admission being made or it must relate to a document in which the admission is made.
Note: Section 60 does not apply to evidence of an admission.
What exclusion to the hearsay exception applies to evidence against third parties?
Section 83 - Admissions cannot be used in respect of the case of a third party (e.g. Co-accused) unless the party consents.
A third party means a party other than the party making the admission (accused) or the party adducing evidence (prosecution).
What exclusion to the hearsay exception applies to evidence influenced by violence?
Section 84 - Court must be satisfied admission was not influenced by violence, oppression, inhumane/degrading conduct or threats of that nature. Only applies if the defence raises the issue. Once raised, the prosecution bears the onus on the balance of probabilities that the admission was not influenced in the ways listed.
Define: Oppression
R v Fulling - The word “oppression” should be given ordinary meaning of “exercise of authority/power in a burdensome, harsh or wrongful manner, unjust or cruel treatment”.
What exclusion to the hearsay exception applies to admissions influenced adversely?
Section 85 - (1) Only applies in criminal proceedings and only to admissions made: (a) to an investigating official or (b) as a result of an act of another person who the defendant knew could influence the decision to prosecute (e.g. Crime Manager). (2) Admission not admissible unless made in circumstances making it unlikely the admission was adversely affected.
To determine whether admission influenced adversely should be excluded, what may the court consider?
Section 85(3) - The court may consider: (a) Any relevant condition/characteristic of the defence and (b) if the admission was made in response to questioning, the nature of the questions, manner in which they were put and the nature of any threat, promise or other inducement.
What provision relates to the electronic recording of admissions made by suspects?
Section 281 CPA - (1) This section applies to an admission: (a) that was made by an accused who was a suspect, and (b) was made in the course of official questioning and (c) relates to an indictable offence. (2) Admission not admissible unless: (a) there is available either a tape recording of the admission or a tape recording about the admission or (b) a reasonable excuse why no recording.
What is required for a record of oral questioning to be admissible?
Section 86 - (1) Applies only in a criminal proceeding and only if admission made by a defendant to an investigating offical in response to a question. (2) Record not admissible unless document acknowledged by a defendant as a true record. (3) Acknowledgement must be made by signing, initialling or otherwise marking document. *Document referred to does not include electronic recording.
What must the court find to determine whether evidence of an admission is admissible?
Section 88 - The court is to find that a particular person made the admission if it is reasonably open to find that he or she made the admission.
Can the court exclude evidence of an admission?
Section 90 - In criminal proceedings, 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.
