Exculpatory statements made to police that are later shown to be false do not constitute 'confessions' within s 10 of the Criminal Law Amendment Act 1894 and are not subject to the statutory or common law voluntariness exclusionary rules. Such lies are admissible as circumstantial evidence of consciousness of guilt. A pre-trial offer to plead guilty to a lesser offence that the Crown could not reasonably have accepted does not warrant a recommendation for early parole eligibility.
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