Excluding Confessions - s78

Question 1

What is the ground of s78 for excluding confessions?

Answer 1

The admission of evidence would have such an adverse effect on the fairness of the proceedings that the court ought not to admit it.

Question 2

What does s78 allow the court to do?

Answer 2

Allow the court to examine a case, including one engaging s76, from a broader perspective of overall fairness