Admissible if had authority to do so or had common purpose with accused (s 87). Third Parties Inadmissible unless consent of both parties (s 83). Provisions Required for Successful Admission Admissions must be recorded for both indictable offence (s 464H Crimes Act) and summary offence (s 86). Police restrictions on custody times, obligations to inform suspects of rights and communication options (ss 464-464ZL). Influenced/unreliable/unfair admissions Violent/oppressive conduct to gain confession means inadmissible (s 84). Crim only: If accused adversely affected by alcohol/mental issues/etc., inadmissible (s 85). Court can refuse to evidence if unfair on D related to entrapment (s 90). admit P’s – Fairness of evidence not when recorded (Em at trial, v R). Proof of admissions in voir dire On balance of probabilities (s 142(1)), party can seek to establish ss 84, 85 or 90 in voir dire. Illegally and Improperly Obtained Evidence Cannot be admitted unless need for evidence outweighs means used to obtain it (s 138(1)). Evidence illegal/improper if police mislead/cause irrational response (s 138(2)), or fail to caution suspect prior to questioning (i.e. right to silence; s 139).
Admissible if had authority to do so or had common purpose with accused (s 87). Third Parties Inadmissible unless consent of both parties (s 83). Provisions Required for Successful Admission Admissions must be recorded for both indictable offence (s 464H Crimes Act) and summary offence (s 86). Police restrictions on custody times, obligations to inform suspects of rights and communication options (ss 464-464ZL). Influenced/unreliable/unfair admissions Violent/oppressive conduct to gain confession means inadmissible (s 84). Crim only: If accused adversely affected by alcohol/mental issues/etc., inadmissible (s 85). Court can refuse to admit P’s evidence if unfair on D – related to entrapment (s 90). Fairness of evidence at trial, not when recorded (Em v R). Proof of admissions in voir dire On balance of probabilities (s 142(1)), party can seek to establish ss 84, 85 or 90 in voir dire. Illegally and Improperly Obtained Evidence Cannot be admitted unless need for evidence outweighs means used to obtain it (s 138(1)). Evidence illegal/improper if police mislead/cause irrational response (s 138(2)), or fail to caution suspect prior to questioning (i.e. right to silence; s 139).
Evidence_Index.docx