Admissions Flashcards
What is an admission?
Dictionary evidence act: an admission means a prior representation that is:
A. Made by a person who is or becomes a party to a proceeding (including a defendant in a criminal proceeding) and
B. Adverse to the person’s interests in the outcome of the proceeding
Can an admission be exculpatory?
Must be adverse to interests of accused. It could be exculpatory but turns out to be a lie.
Can admissions be nonverbal? Provide an example
Yes. Examples includes gestures and flight (running from scene)
What is section 81 Evidence Act?
1) the hearsay rule and opinion rule do not apply to evidence of an admission.
2) the hearsay rule and 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.
(An example is looking at the questions surrounding the a admission in an ERISP to assist in understanding the context).
Does section 60 apply to evidence of an admission?
No.
What is section 82 of the evidence act?
Section 81 doesnt apply (exception to hearsay rule for asmissions) unless evidence is given by a person who saw, heard or otherwise perceived the admission being made or it is a document in which the admission is made.
What is the effect of section 83 Evidence Act?
Prohibits admissions and allows the hearsay rule to apply when the the admission is made by a third party unless the party consents
What is section 84 evidence act?
Evidence of an admission is not admissible unless the court is satisfied that the adnission 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 it’s making were so influenced
How does section 84 operate?
Applies to both criminal and civil proceedings.
The threat or conduct can come from any person not just investigating police.
The threat or conduct can be durected at any personother than the maker of the admission.
Requirement that the admission was influenced not induced.
The onus is on the defendant to raise that th were was violence/oppression. The prosecution bares the onus on the balance of probabilities that there is no link.
What is section 85 evidence act?
S85. In a criminal proceedung, evidence adduced by the prosecution, of an admission made by the defendant is not admissible unless the circumstances in which the admission was made were such as to make it unlikely the truth of the admission was adversely affected.
How are admissions to be recorded?
- 281 criminal procedure act - tape recording
2. Signed s86 criminal procedure act.
When does section 281criminal procedure act apply?
281(1) an admission is made:
A) by an accused person, who at the time The admission was made, was or could reasonably have been suspected by an investigating official of having committed the offence, AND
B) that was made in the course of official questioning AND
C) that relates to an indictable offence other than an indictable offence thst can be dealt with summarily without consent of the accused person (T1 and above).
What does section 281 criminal procedure act require?
S281(2) Evidence of the admission is not admissible unless
There is available the court a tape recording made by the investigating official of the interview in the course of which the admission was made.
Or adoption of the admission on a tape recording during an interview.
Or
B. the prosecution establish that there was a reasonable excuse as to why a tape recording could not be made.
Does the hearsay and opinion rule apply to a recording of admission?
S281(3) no.
Who is an investigating official?
S281(4) evidence act: investigating official means Police officer (except covert operative) or Person appointed under Australian law whose functions include functions in respect of prevention or investigation of offences.