NSW Caselaw
Reported Decision : 202 A Crim R 478
New South Wales Supreme Court
CITATION : R v Armstrong [2010] NSWSC 483
HEARING DATE(S) : 15/03/2010, 31/03/2010
JUDGMENT DATE : 21 May 2010
JUDGMENT OF : Buddin J
DECISION : Objection upheld - evidence excluded.
CATCHWORDS : Criminal law - trial - murder - objection to evidence being led of a conversation between the accused and police in which admissions are alleged to have been made - no recording made of conversation - whether "reasonable excuse" established by Crown pursuant to s 281 of the Criminal Procedure Act 1986 for not recording conversation - whether accused "refused" to have questioning electronically recorded - consideration of ss 85, 90 and 138 of the Evidence Act 1995
Crimes Act 1900 LEGISLATION CITED : Criminal Code (WA), Criminal Procedure Act 1986 Evidence Act
CATEGORY : Procedural and other rulings
Carr v Western Australia [2007] HCA 47; 232 CLR 138 Kelly v the Queen [2004] HCA 12; 218 CLR 216 Nicholls & Coates v the Queen [2005] HCA 1, 219 CLR 196 R v Gu [2009] NSWSC 1305 R v Horton (1998) 45 NSWLR 426 CASES CITED : R v Naa [2009] NSWSC 851 R v Reid [1999] NSWCCA 258 R v Rowe (2001) 50 NSWLR 510 R v Sharp (2003) 143 A Crim R 344 R v Schiavini (1999) 108 A Crim R 161 R v Taouk [2005] CCA 155
PARTIES : Crown Paul Darcey Armstrong
FILE NUMBER(S) : SC 2009/63851
COUNSEL : M Cunneen SC (Crown) A Haesler SC (Accused)
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