R v Jarrett [2012] NSWCCA 81

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: R v Jarrett [2012] NSWCCA 81 Hearing dates: 23 April 2012 Decision date: 07 May 2012 Before: Basten JA at [1] Blanch J at [2] Hall J at [20] Decision: (1) The Crown appeal be allowed. (2) The order rejecting the confessions be set aside. (3) The case be remitted to the District Court at Lismore for trial. Catchwords: Criminal law - s5F appeal by Crown against rejection of evidence substantially weakening prosecution case

Criminal law - relevant evidence is necessary to reject confession on the basis of unfairness under s90 Evidence Act 1995. Legislation Cited: Criminal Appeal Act 1912 Crimes Act 1900 Evidence Act 1995 Mental Health Act 2007 Cases Cited: R v Shamouil [2006] NSWLR 228 Em v The Queen (2007) 232 CLR 67; [2007] HCA 46 R v Medcalfe [2002] ACTSC 83 Category: Principal judgment Parties: Regina (Applicant) John Charles Jarrett (Respondent) Representation: N Noman (Applicant) D Imlah (Respondent) S Kavanagh (Applicant) File Number(s): 2009/158211 Decision under appeal Jurisdiction: 9101 Citation: R v John Charles Jarrett Date of Decision: 2011-10-31 00:00:00 Before: Black QC DCJ File Number(s): 2009/158211