High Court of Australia
fa Lek On Irorpmanda
82 C.L.R.] - OF AUSTRALIA. 133 Seo 1 FOE VERSES APA 1999 Uh Die
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ey Pel aoe Fell 82 ALR 1) Apple 83 ALR 650
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[iste I5) (2. FAG KR, SOs. ( 2 i fe a he OF AUSTRALIA.]
APP at b080, 1975 ASK, 399.
THE KING = : 3 A 5 ; i APPELLANT : C- i) sash. 3o4 AND LEE AND OTHERS i i 3 3 . RESPONDENTS.
Cony ISI CLR A.
ON APPEAL FROM THE COURT OF CRIMINAL APPEAL OF VICTORIA. .
Criminal Law—Evidence—Admissibility—Onus of proof—Voluntary statement by H.C. ov A accused—Discretion of trial judge—' Confession" not to be rejected on ground 1950.
that promise or threat held out unless judge " is of opinion that the inducement = \~ was really calculated to cause an untrue admission of guilt" —Bvidence Acts MELBOURNE, 1928-1946 (No. 3674—No. 5183) (Vict.), s. 141. May 25, 26,
Pecroriiee etree mienee Ace 19281 (viet wproridese ONO) confessions = cone"
which is tendered in evidence shall be rejected on the ground that a promise Brispane, or threat has been held out to the person confessing, unless the judge . . - June 23
is of opinion that the inducement was really calculated to cause an untrue
admission of guilt to be made." 3 Webb, Full:
and Kitto Jd
ae Hive auido o@ amon cantons vith Gio commen Ibe saath agen COLIC aes as non-voluntary, i.e., confessions induced by a threat or promise by a! 53 (ov.$.01) 8 & BO person in authority; but it applies only to cases in which the common law Mefoweol fe would have rejected the confession as non-voluntary on the sole ground that $6 £o%R. '| 6 it was induced by such threat or promise, not to cases in which the common ae law would have rejected the confession as non-voluntary on any other WR. PSO. ground. Within the field not covered by s. 141, the modern common law' pyle, 4 IST CAR 2 allows in the case of statements made by accused persons to police officers, whether confessions or not, a discretion to reject evidence of such state- ments; but, in all cases to which it applies, s. 141 is imperative and leaves
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