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1. Identify the evidence as an admission Dictionary Part 1 EA: An admission is "a previous representation that is made by a person who is or becomes a party to the proceeding and is adverse to the person's interests in the outcome of the proceeding"
? It can be a statement (oral or written),
? an adoption of a statement,
? or on behalf of another person with the authority of that person (e.g. a person's PR admission could bind a corporation) s87 EA (must have authority/be an employee acting within scope and/made in furtherance of a common purpose). Hearsay rule also doesn't apply to previous representation which prove that this person was speaking on behalf. o An admission must be distinguished from conduct e.g. fleeing a scene which implies a "consciousness of guilt". This is not regarded as an admission, but as circumstantial evidence of guilt
? Silence in response to a police question is not evidence of any assertion contained in the question unless the accused, by conduct or demeanour, accepts the truth of the statement Parkes v R o
2. Note the effect of the no hearsay rule3.
The hearsay rule and the opinion rule do not apply to evidence of an admission 81(1) EA i. Or to evidence of a previous representation made in relation to an admission at the time of the admission, or shortly before or after, and to which it is reasonably necessary to refer to understand the admission 81(2) EA
Assess whether there are any roadblocks that will prevent the admission from being admissible: a. Can admit evidence of an admission if:
? 88 EA Can admit evidence of admission (other than those made by an
investigating official for an indictable offence) if it is "reasonably open" to the court that they made it. According to s142 a court must be satisfied on the balance of probabilities to admit evidence b. Must be first hand hearsay to be admissible 82 EA
? The hearsay/opinion rule will still apply to evidence of an admission unless it is first hand hearsay, that is, the evidence is: (a) Given by a person who saw, heard or otherwise perceived the admission being made; or (b)It is a document in which the admission is made c. Admission by a third party 83 EA
? The hearsay/opinion rule will still apply if the evidence of the admission is in respect of the case of a third party (the person who made the admission or adduced the evidence) o Unless that third party gives consent to all of the evidence (2) o E.g. if you have two co-accused, an admission by one cannot be used against the other accused unless they accept the admission
d. Admissions influenced by violence or other conduct 84(1) EA
? Evidence of an admission is not admissible if influenced by: 84(1)
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