A trial judge's finding that an accused consented to a search is a finding of fact that the Court of Criminal Appeal will not disturb unless there was no evidence to support it, the evidence was all one way, or the judge misdirected himself. Where an accused, accompanied by a solicitor, refuses to be interviewed at all in relation to the matter in respect of which admissions were allegedly made, a trial judge is entitled to find that a reasonable excuse exists under s 424A for the failure to electronically record an adoption of those admissions. A Zoneff lies direction is not required where the Crown has not relied on lies as evidence of consciousness of guilt and the trial judge has not suggested such use to the jury.
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