R v AKB (No. 1) [2018] NSWSC 1040

Supreme Court New South Wales

Medium Neutral Citation: R v AKB (No. 1) [2018] NSWSC 1040 Hearing dates: 5 July 2018 Date of orders: 06 July 2018 Decision date: 06 July 2018 Jurisdiction: Common Law Before: Davies J Decision: 1. The evidence in paragraph 11 of the statement of Senior Constable Totakil of 21 October is admitted.

2. The evidence in paragraph 17 of the statement of Senior Constable Totakil of 21 October 2016 is rejected. Catchwords: CRIMINAL LAW – evidence – admissions – Criminal Procedure Act 1986 (NSW) s 281 - unrecorded statements made to police – whether accused was suspected or could reasonably have been suspected of committing an offence at time of admissions – whether there was a reasonable excuse for failure to make tape recordings of admissions

EVIDENCE – admissions – criminal proceedings – serious indictable offences – whether statutory provision for admissibility complied with - whether admissions liable to be excluded Legislation Cited: Crimes Act 1900 (NSW) s 424A (repealed) Criminal Procedure Act 1986 (NSW) s 281 Evidence Act 1995 (NSW) Cases Cited: Horton v R (1998) 45 NSWLR 426 Queensland Bacon Pty Limited v Rees (1966) 115 CLR 266 R v Crowther-Wilkinson NSWSC 70096/01; unreported 8 May 2002 R v Schiavini (1999) 108 A Crim R 161 Regina v Taouk [2005] NSWCCA 155; (2005) 154 A Crim R 69 Texts Cited: Nil Category: Principal judgment Parties: Crown [AKB] (Accused) Representation: Counsel: C Maxwell QC & R Kotsis (Crown) C Davenport SC (Accused)