R v Swaffield
Criminal law – Evidence – Confessions and admissions – Admissibility of – Discretion to exclude – Covert and surveillance operation squad – Secretly tape recorded statements made by the respondent to undercover police – Such evidence was the primary evidence implicating the respondent – Previous refusal to answer police questions – Statements voluntarily made – Reliability – Unfairness discretion – Public policy discretion – Unduly prejudicial evidence – Right to silence – Eliciting confessions – Judges' Rules – Duty to caution – Seriousness of the offence – Arson.
Evidence – Criminal trial – Exclusion of evidence – Reformulation of tests – Voluntariness test – Unfairness test – Public policy test – Unduly prejudicial test.
Pavic v The Queen
Criminal law – Evidence – Confessions and admissions – Admissibility of – Discretion to exclude – Secretly tape recorded statements made by the appellant to friend as agent of police – Previous refusal to answer police questions – Statements voluntarily made – Reliability – Unfairness discretion – Public policy discretion – Unduly prejudicial evidence – Right to silence – Eliciting confessions – Duty to caution – Seriousness of the offence – Murder.
Evidence – Criminal trial – Exclusion of evidence – Reformulation of tests – Voluntariness test – Unfairness test – Public policy test – Unduly prejudicial test.