Week 8

Question 1

What is the hearsay rule in relation to admissions?

Answer 1

S.81 Evidence Act

The hearsay and opinion rule do NOT apply to evidence of an admission.

Question 2

Explain S.84 Evidence Act

Answer 2

Admissions 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.

Is NOT admissible. This must be raised by defence.

Question 3

Pavitt v Regina [2007] NSWCCA

Answer 3

(s90 - court MAY exclude admissions unfair)

= if the admission is made on a Voluntary basis PRIOR to official questioning and being offered an interview, THEN it would be hard for the defence to argue section 90 applies

Question 4

What is an admission?

Answer 4

Dictionary of the Evidence Act

“Admission” means a PREVIOUS REPRESENTATION that is:

a) made by a PERSON who IS or BECOMES a PARTY to a proceeding (including a defendant in a criminal proceeding)

b) ADVERSE to the person’s INTEREST in the OUTCOME of the proceeding.

Question 5

Other than words, what can an “admission” encompass?

Answer 5

Expressed words “I’m going to kill you”

Inferences from words “do it or else”

Expresses conduct “the victim pointing at the accused- after being asked who did it - FLIGHT”

Implied conduct “finger over lips/quite”

Not communicated words “diary”

Not intended to be communicated “talking to self”