The Ridgeway public policy discretion to exclude evidence procured by unlawful police conduct has limited application to conspiracy charges because the essence of conspiracy is the agreement of minds, not the performance of the agreement; where substantial evidence of the conspiracy exists independent of any illegal police conduct in facilitating the substantive offence, the discretion does not require exclusion. An accused who insists on representation by a particular counsel when other competent counsel is available falls within the Dietrich exception for those who neglect or refuse available representation. Sworn admissions made at trial by an unrepresented accused are admissible and may be relied upon under the proviso and at any retrial.
The full text is available to signed-in members, including the 12 later cases that cite this judgment.
1 of the 12 citing cases carry a classified treatment. How each court treated it is available to signed-in members.