R v D [2011] NSWDC 73

District Court New South Wales

Medium Neutral Citation: R v D [2011] NSWDC 73 Hearing dates: 30 May 2011, 31 May 2011 Decision date: 31 May 2011 Before: MURRELL SC DCJ Decision: Admissions excluded Catchwords: Investigating official - unfair to the accused - admissions - discretion to exclude admissions - admissions by child to teacher - no support person - public policy Legislation Cited: s 98 Crimes Act 1900 s 85, s90 Evidence Act 1995 s 23, s 26B, s26E, s26M Education Act 1990 cl 27, Law Enforcement (Powers and Responsibilities) Regulation 2005 Cases Cited: Broyles [1991] 3 SCR 595 R v Swaffield [1998] HCA 1 R v Nguyen [1999] VSC 420 R v Vale [2001] WASCA 21 R v M [2002] QCA 486 Pavitt v The Queen [2007] NSWCCA 88 Em v The Queen [2007] HCA 46 Texts Cited: Guidelines Issued Under Part 5A Of The Education Act 1990 For The Management Of Health And Safety Risks Posed To Schools By A Student's Violent Behaviour Category: Procedural and other rulings Parties: Office of the Director of Public Prosecutions "D" Representation: Mr M. Pincott Mr R. Sweet Mr B. Diggins, ODPP Ms M. North, Herring & Associates - Lawyers File Number(s): 2010/128861 Publication restriction: NON-PUBLICATOIN ORDER Pursuant to Section 15(A)(1) Children (Criminal Proceedings) Act 1987, the name of the accused must not be published or broadcast.