R v AKB (No. 2) [2018] NSWSC 1075

Supreme Court New South Wales

Medium Neutral Citation: R v AKB (No. 2) [2018] NSWSC 1075 Hearing dates: 10 July 2018 Date of orders: 10 July 2018 Decision date: 10 July 2018 Jurisdiction: Common Law Before: Davies J Decision: Paragraph 33 of Detective Hodges' statement from the words "The interpreter gave [AKB]'s response" to the end of the paragraph, and the whole of paragraph 8 of the statement of Anita Hemmati of 6 December 2016 is rejected. Catchwords: CRIMINAL LAW – evidence - admissions – Criminal Procedure Act 1986 (NSW) s 281 - unrecorded statements made to police – statement made after conclusion of recorded interview – statement made in response to accused being charged with offence – whether statement made in the course of official questioning – whether reasonable excuse for statement not being subsequently recorded

EVIDENCE – admissions – criminal proceedings – serious indictable offences – whether statutory provision for admissibility complied with - whether admissions liable to be excluded Legislation Cited: Criminal Law (Detention and Interrogation) Act 1995 (Tas) s 8 Criminal Procedure Act 1986 (NSW) s 281 Cases Cited: Bryant v R [2011] NSWCCA 26 Kelly v The Queen (2004) 218 CLR 216 R v Hunter (No. 6) [2014] NSWSC 1149 R v Marlow and Kelly (2001) 129 A Crim R 51 Texts Cited: Nil Category: Principal judgment Parties: Crown [AKB] (Accused) Representation: Counsel: C Maxwell QC & R Kotsis (Crown) C Davenport SC (Accused)