Criminal Law – Evidence - Admissibility of statement made to police after video-recorded interview was completed - Where statement was not made in response to any police question - Whether the statement was "made in the course of official questioning" within the meaning of s 8(1)(b) of the Criminal Law (Detention and Interrogation) Act 1995 (Tas).
Evidence – Admissibility - Statement made to police after video-recorded interview completed - Where statement was not made in response to any police question - Whether the statement was "made in the course of official questioning" within the meaning of s 8(1)(b) of the Criminal Law (Detention and Interrogation) Act 1995 (Tas).
Criminal Law – Appeal - Proviso - No substantial miscarriage of justice.
Statutes – Construction - Purposive construction - Use of definition sections to aid statutory construction.
Words and Phrases "made in the course of official questioning" – "confession or admission".
Criminal Law (Detention and Interrogation) Act 1995 (Tas) – ss 8(1), 8(2)(a).
Criminal Code (Tas) – s 402(2).
Judgment date
Case number
H1/2003
Before
Gleeson CJ, McHugh, Kirby, Hayne, Heydon JJ
Catchwords