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Law Notes > Litigation - Criminal Procedure Rules Notes

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Template - admissibility 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 a. What improprieties/contraventions of Aust Law?
i. Unlawful arrest?
ii. Unlawful searches? (With warrants or without warrants) iii. Lawful arrest, but suspect detained longer than investigation period? Ss 1157; Michaels iv. Lawful arrest, detention warrant, but invalid detention warrant? Application can be made under s 119(1) LEPRA v. CM caution detained person, give summary of Part 9 as soon as RP, and request person to sign: s 122(1) LEPRA vi. Failure to caution, reasonable fluency issues: s 139 EA vii. Vulnerable person rights under l 24 LEPPR; Campbell?
viii. Right to communicate with friend/relgative/guardian AND lawyer: s 123 ix. Right to communicate with consular official? S 124 x. Provision of information to friends/relative/guardian (s 126) or person who requests (s 127) xi. Failure to provide interpreter if detainee cannot communicate with reasonable fluency? S 128 LEPRA xii. Right to medical attention under s 129?
xiii. Right to refreshments under s 130?
xiv. Right to custody record under s 131(5) LEPRA?
xv. xvi. xvii. xviii. xix.

False statement? S 138(2)(b) Something likely to impair substantially ability to respond rationally? S 138(2)(a) Entrapment/subterfuge? Woolworths; Ridgeway (pg 15/25 of 10/11 notes) Improper use of warrants: Parker Impropriety? Eg not informing of rights to delay questioning (camm) or questioning during searching premises (Camm) and questioning when near each other (Camm) b. Balancing act under s 138(3). Factors to take into account are s 138(3)(a)(h) factors (Parker). i. (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

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