NSW Caselaw
New South Wales Supreme Court
CITATION : Downes v DPP [2000] NSWSC 1054 CURRENT JURISDICTION: Common Law FILE NUMBER(S) : SC 12404/00 HEARING DATE(S) : 13 November 2000 JUDGMENT DATE : 16 November 2000
PARTIES : Nathan Downes (Plaintiff) Director of Public Prosecutions (Defendant) JUDGMENT OF : Studdert J
LOWER COURT Local Court JURISDICTION : LOWER COURT FILE NUMBER(S) : LOWER COURT Gould LCM JUDICIAL OFFICER :
COUNSEL : D. Jordan (Plaintiff) R. Burgess (Defendant) SOLICITORS : Legal Aid Commission (Plaintiff) Office of the Director of Public Prosecutions (Defendant) CATCHWORDS : EVIDENCE - prosecution before magistrate - evidence of admissions introduced by prosecution - whether admissions made in consequence of promise or inducement - also failure to caution accused before admissions made - whether admissions should be allowed into evidence - need for magistrate to address issues raised and to state reasons - Evidence Act 1995, ss 85, 90, 138 and 139. Justices Act LEGISLATION CITED : Evidence Act Supreme Court Rules Soulemezis v Dudley Holdings Pty Limited (1987) 10 NSWLR 247 Bunning v Cross (1978) 141 CLR 54 R v Dutton (unreported, NSWCCA, 7 December 1990) CASES CITED : R v Lee (1950) 82 CLR 133 Van Der Meer v The Queen (1988) 82 ALR 10 R v Swaffield & Pavic (1998) 151 ALR 98 Mitchell v Nestle Australia Limited (1988) 36 A Crim R 119 Vaitaiki v The Minister for Immigration and Ethnic Affairs (1997) 150 ALR 608 DECISION : See para 35
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate