Exclusion of evidence

Question 1

What is a confession?

Answer 1

s82(1): any statement wholly or partly adverse to the statement maker

Question 2

Who can a confession be made to?

Answer 2

anyone

Question 3

Does a confession have to be in words?

Answer 3

No. Can also be a gesture

Question 4

How can a confession be challenged under s76(2)(a)?

Answer 4

Oppression

Example: threat of violence

Question 5

How can a confession be challenged under s76(2)(b)?

Answer 5

anything said or done (incl. omission) likely to render unreliable any confession

Example: promise, failure to interview minor with AA

Question 6

On what grounds can evidence be excluded under s78?

Answer 6

s78: the evidence would have such an adverse effect on the fairness of proceedings that the court ought not to admit it

Example: D is denied access to legal advice, ID procedure not followed, failure to caution before questioning

Question 7

Can the prosecution defend an application to exclude evidence under s76?

Answer 7

Yes. They must prove BRD that the evidence was not obtained in such a way