Section 108 of the Criminal Procedure Act 1986 (NSW) does not apply to conversations with persons who are not suspects and could not reasonably have been suspected at the time, even if they later become suspects. The section has no retrospective effect. Where a Zoneff direction should have been given but was not sought by defence counsel, the appeal will fail under Rule 4 and the proviso where the Crown case was overwhelming. Multiple offences arising from a single episode, including attempted murders of children to destroy evidence, may be considered in determining whether life sentences for murder are warranted, notwithstanding the Pearce principle.
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