Admissions Flashcards
What is an admission?
A previous representation made by a person who is party to a proceeding; and
Adverse to the person’s interest in the outcome in the proceeding.
Any inculpatory statement or exculpatory lie.
What are different types of admissions?
Gestures
Actions/Flight
Oral
What does section 81 say?
(1) Hearsay and opinion rule do not apply to evidence of an admissions.
(2) Hearsay and opinion rule don’t apply to a previous representation in relation to admission if it was made shortly before or after and is necessary to understand the admission.
What does section 82 say?
Section 81 only applies if the evidence of the admission was saw, heard or otherwise perceived(first hand) by the person giving the evidence or it is a document in which the admission was made.
Does section 60 apply to admissions?
No.
What does section 83 say about admissions?
Section 81 does not apply to admissions in respect to third party cases.
Unless consent is given.
Can not consent to partly must be entire.
What does R v Fulling define Oppression as?
R v Fulling utilised the ordinary meaning of exercise authority or power in a burdensome, harsh or wrongful manner, unjust or cruel treatment.
R v Priestly states in determining oppressive what test is applied?
R v Priestly says the test is both subjective and objective. The court must take into account the subjective traits of the defendant, ie age, mental capabilities.
Section 85 says what and what test does it apply?
It is an objective test as to the reliability/truthfulness of an admission in the presence of law enforcement.
The admissions is only admissible if it was unlikely that the truth of the admission was adversely affect.
(3) non exhaustive list of factors to take into account, ie subjective factors, nature of questions, manner of questions and nature of any threat, promise, or inducement.
What does section 281 of the Criminal Procedure Act 1986 say?
Evidence of an admission for an indictable offence, other than an indictable offence that can be heard summarily (T1) are not admissible unless it was recorded on to a tape recording, or there is a reasonable excuse as to why it could not be made.
What is the definition of Tape Recording?
Audio Recording
Video Recording
or both.
What does section 86 say about admissions?
A document prepared on behalf of an investigating official, is not admissible to prove the contents unless the defendant acknowledges the document, by signing, initialing or otherwise marking the document.
Can the prosecutor comment on the accused remaining silent?
No you should never comment on the accused remaining silent.
What does Weissensteiner v The Queen say?
Only comment on accused remaining silent in the very specific circumstance where knowledge would only be within the accused and the inference the prosecutor is seeking to make and the accused could have contradicted or explained.
What is the test for section 90 discretion to exclude admissions?
Onus - On Defence, admission must be adduced by prosecution for objection.
Focus - At the time of hearing
Regards to the circumstances in which the admissions was made it would unfair to use.
Test - Balance
