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18 Cards in this Set
- Front
- Back
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R v PK Shaken Baby Unreliable |
Facts: 16-year old tried and exhausted by the interrogator. Kept up all night, 5 hours sleep Ratio: circumstances affected reliability, evidence excluded |
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R v TWW Recruit Unreliable |
Facts: Dude accused of shaking baby. Police went out of their way to get confession. Got T to join fake gang. Gained trust of the gang, members convince T to confess shaking baby. Ratio: He wasn't immature or vulnerable, he could have said he didn't kill the child. Evidence remained admissible |
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R v Hawea Party scrap Oppressive |
Facts: Assult at a party with intent to cause grievous bodily harm (knife). 19-year old arrested, cautioned. He was called cowardly and a d*ckhead by the cops. Got a verbal confession. Ratio: Intimidating, but not oppressive |
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R v Wilson
Mrs Robinson
Oppressive |
Facts: accused of murder of Mrs Robinson. Cross-examined following total compliance. Interrogated in small hot room, exhausted him.
Ratio: Physically worn down. Prolonged interrogation, 5 1/2 hours. Didn't want to answer. Ruled oppressive therefore confession excluded. Wilson acquitted. |
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R v Beazley Hannah boots Improperly obtained- unfair |
Facts: Murder by gang. Arrested Smith on an unrelated charge. Cautioned, and after 4 hours they showed him the Hannah boots. He replied, ' I may have been wearing them.' That statement was part of his confession. Ratio: Arrested on one charge but questioned on another. Cross-examination (practice note 3) Questioning unsupported by evidence. Boots not shown to him until after four hours of questioning (4) |
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R v Admore
Well, I mean I shot at them
Improperly obtained |
Facts: Shooting by black power member. Detained by police. Cross-examined . well I shot at them.
Ratio: COOKE, dangerous outlaws cannot be treated with Kid gloves. Questions were not overbearing given the seriousness of enquiry |
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R v Fatu
Gang Boss
Improperly obtained |
Facts: brutal beating, 6 charged with manslaughter. Police convinced who was a leader of sorts to convince the others to confess. Fatu obtained the evidence.
Ratio: Is exclusion proportionate to the impropriety? Likely that confessions could be based on gang loyalty etc. Unfairly obtained.
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R v Hennessey Throw of Henney Improperly obtained |
Facts: Dude threw bottle. Cops lied a lot about other evidence to convince him to confess. Ratio: Proportionate response to keep system credible. Evidence excluded because obtained poorly |
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R v Follas
10 points
Improperly obtained |
Facts: Cross-examined by police told him he was a part of the accident which saw person hit by car.
Ratio: Exclusion proportionate to the impropriety. Unfair conduct cross exam. Confession not imperative to the case. |
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R v Kirifi Car Fire Breach of BORA |
Facts: Set fire to car. Proved to be a huge nuisance for cops. Wasn't told of the right to a lawyer. Ratio: No reading of rights, confession not admissible |
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R v Butcher Psychological Arrest Breach of BORA |
Facts: No right to lawyer. Told cops everything. Psychological arrest- Cooke- he didn't feel free, had to comply. Ratio: Confession excluded however the other stuff was found and other evidence utilised. |
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R v Narayan Indian Fijian Breach of BORA |
Facts: Suspect for murdering son's family. Told rights an hour following arrest. Language barrier was huge, police officer translated. Ratio: Exhausted, no lawyer, psychological incarceration- de facto arrest. Breach in BORA, evidence excluded. |
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R v Mallinson Retard Breach of BORA |
Facts: Told rights hour after arrest. Ratio: Not fatal that the right to lawyer told later on. Didn't say he could get a lawyer. Not admissible |
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R v Schreik Street Kid Breach |
Facts: Girl questioned and asked if she want a lawyer following group murder. She said she didn't have one. Ratio: Didn't understand yo can have a lawyer without cost. |
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R v PK 16-year-old parent Breach of questioning |
Facts: 16 year old shook and killed baby. Right to silence ignored. He assumed he had to answer the question. Ratio: Evidence not admissible rights breached. |
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Perry v R
Meth
Breach |
Facts: Charged with assault and manslaughter. Wanted to steal meth. Detective- if he didn't explain he could be dropped in it. Police used third party concerned to get confession.
Ratio: does not serve credible system of justice. Breaking his right to silence and using emotional means to get confession. |
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R v Kumar Jailbait Breach |
Facts: Mr K arrested suspicion of murder and arson. K spoke to lawyer, used right to silence. K put in cell with two undercover officers who questioned him of the events. Ratio: Right to silence is fundamental. If he bragged to officers... fair game. However, the confession wasn't everything and K was convicted. |
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R v TWW Mr Big Breach |
Facts: TWW Mr Big case. Interrogation without being told rights. Ratio: Police questioning rules don't count when undercover. Kumar different because he was in custody. Evidence/ confession viable. |
