R v DLW (No. 3) [2020] NSWDC 283

District Court New South Wales

Medium Neutral Citation: R v DLW (No. 3) [2020] NSWDC 283 Hearing dates: 25 May-29 May 2020, 01 June 2020 Date of orders: 01 June 2020 Decision date: 01 June 2020 Jurisdiction: Criminal Before: Abadee DJC Decision: See paragraphs 81-83 Catchwords: CRIMINAL LAW – application by Crown for ruling on admissibility of alleged admissions made by the accused – accused arrested in Queensland for extradition to New South Wales – alleged admissions made to police officers pending extradition – whether alleged admissions were made "in the course of official questioning" – whether accused was under arrest "for an offence" – whether desirability of evidence being admitted outweighs undesirability of admitting improperly obtained evidence Legislation Cited: Criminal Procedure Act 1986 (NSW), s 281 Evidence Act 1995 (NSW), ss 90, 137 138, 139 Cases Cited: Director of Public Prosecutions (NSW) v Owen [2017] NSWSC 1550 Kadir v The Queen; Grech v The Queen [2020] HCA 1 Kelly v The Queen (2004) 218 CLR 216 Nicholls v The Queen (2005) 219 CLR 196 R v Dalley (2002) 132 A Crim R 169 R v Em [2003] NSWCCA 374 R v Esposito (1998) 45 NSWLR 442 R v Horton (1998) 45 NSWLR 426 R v Naa (2009) 76 NSWLR 271 R v Qaumi & Ors (No. 48) [2016] NSWSC 1008 Texts Cited: Odgers, Uniform Evidence Law, 14th ed Category: Procedural and other rulings Parties: Director of Public Prosecutions Mr DLW Representation: Counsel: Ms K Tennant for the Director of Public Prosecutions Mr S Schaudin for the accused