R v Ahola (No 3) [2013] NSWSC 700

Supreme Court New South Wales

Medium Neutral Citation: R v Ahola (No 3) [2013] NSWSC 700 Hearing dates: 3, 7 May 2013 Decision date: 08 May 2013 Jurisdiction: Common Law Before: Button J Decision: (1) The evidence of Senior Constable Quick, with the exception of the two questions and answers, is admissible. (2) The evidence of anything alleged to have been said by the accused at the scene and heard by Senior Constable McLean or Senior Constable Schmidt that was not put to the accused in the ERISP is inadmissible. (3) Questions and answers 310 to 321 of the ERISP, and the evidence from Senior Constable Schmidt and Senior Constable McLean underpinning them, are admissible. (4) Questions and answers 337 to 349 are inadmissible. (5) Questions and answers 325 to 336, and the evidence underpinning them, are excluded in the exercise of my discretion. Catchwords: EVIDENCE LAW - application to lead evidence of unrecorded admissions made to police - parts of admissions adopted by accused in subsequent ERISP - whether accused intoxicated when making admissions - whether reasonable not to record admissions at the time of making - whether reasonable not to put admissions to accused in ERISP - whether unfair to put parts only of unrecorded conversation - evidence partly excluded Legislation Cited: Criminal Procedure Act 1986 Evidence Act 1995 Cases Cited: R v Egribas (Latham J, 14 May 2010, unreported) Category: Procedural and other rulings Parties: Regina Jouni Risto Ahola Representation: Counsel: P Cattini (Regina) G Scragg (defendant) Solicitors: Solicitor for Public Prosecutions (Regina) Legal Aid NSW (defendant) File Number(s): 2011/333607