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Law Notes Litigation - Criminal Procedure Rules Notes

Checklist For Admissions Notes

Updated Checklist For Admissions Notes

Litigation - Criminal Procedure Rules Notes

Litigation - Criminal Procedure Rules

Approximately 238 pages

These notes aim to set out the relevant legal principles, and material facts from cases in order to demonstrate how those legal principles have been applied. Because of how heavily statute-focused this topic is, in some places I've extracted the relevant statute in the text or in a 'comment'.

At the beginning of each document on each topic, there is a table of contents (hyperlinked so you can navigate easily through the document), and also 'checklists', which you can use during revisions or ex...

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The following is a more accessible plain text extract of the PDF sample above, taken from our Litigation - Criminal Procedure Rules Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:

Admissibility of admissions:

Note: For q3, where otherwise indicated, the statute cited is EA.

A Prelim issue: What admissions were made? (EA part 3.4 Dictionary)

B For each admission:

  1. Reasonably open to find that the person made an admission: s 88 EA?

  2. Taping requirements of s 281 met?

  3. Applicability of s 86?

  4. Voluntariness? S 84

  5. Reliability? S 85?

  6. Exclusion of improperly or illegally obtained evidence: s 138

    1. What improprieties/contraventions of Aust Law?

      1. Unlawful arrest?

      2. Unlawful searches? (With warrants or without warrants)

      3. Lawful arrest, but suspect detained longer than investigation period? Ss 115-7; Michaels

      4. Lawful arrest, detention warrant, but invalid detention warrant? Application can be made under s 119(1) LEPRA

      5. CM caution detained person, give summary of Part 9 as soon as RP, and request person to sign: s 122(1) LEPRA

      6. Failure to caution, reasonable fluency issues: s 139 EA

      7. Vulnerable person rights under l 24 LEPPR; Campbell?

      8. Right to communicate with friend/relgative/guardian AND lawyer: s 123

      9. Right to communicate with consular official? S 124

      10. Provision of information to friends/relative/guardian (s 126) or person who requests (s 127)

      11. Failure to provide interpreter if detainee cannot communicate with reasonable fluency? S 128 LEPRA

      12. Right to medical attention under s 129?

      13. Right to refreshments under s 130?

      14. Right to custody record under s 131(5) LEPRA?

      15. False statement? S 138(2)(b)

      16. Something likely to impair substantially ability to respond rationally? S 138(2)(a)

      17. Entrapment/subterfuge? Woolworths; Ridgeway (pg 15/25 of 10/11 notes)

      18. Improper use of warrants: Parker

      19. Impropriety? Eg not informing of rights to delay questioning (camm) or questioning during searching premises (Camm) and questioning when near each other (Camm)

    2. Balancing act under s 138(3). Factors to take into account are s 138(3)(a)-(h) factors (Parker).

      1. (a) probative value (b) importance of evidence (c) nature of relevant offence (d) gravity of contravention (e) deliberate or reckless (f) contravention of ICCPR (g) whether action sought in relation to impropriety and (h) difficulty of obtaining evidence

  7. Unfair? S 90

  8. Whether if recorded or not – McKinney warning would be given at trial

Admissions

S 90 Unfairness

The law concerning s 90 is unclear (Em).

What is relevant to unfairness:

Gleeson CJ and Heydon J (majority) suggested and Kirby J in the minority held in...

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