LAW4323 Study Guide - Final Guide: Indictable Offence, Objective Test
Document Summary
Was it required? (s 464h(1): admission made to an investigating official (not covert investigation under the orders of a superior); and, d was suspected, or ought reasonably have been suspected of committing an indictable offence. Tas leg said during official questioning," but crimes act says during questioning". If it was not recorded, do exceptional circumstances justify admitting it? (s 464h(2): voluntariness (s 84) In zhang, a flexible approach was adopted whereby a combination of threats, intimidation, inducement, and time pressure was enough: an inducement is not enough (zhang) Can p disprove on balance of probabilities that the admission was influenced by that. Conduct: need not be sole cause (zhang, reliability (s 85) Applicable: admission made to, or in presence of an investigating official (s 85(1)(a)); or, admission made because of a person"s act who could influence the decision to prosecute, and d knew/reasonable believed this to be so (s 85(1)(b))
