Carr v WA

(2006) 166 A Crim R 1; [2006] WASCA 125

Western Australia Court of Appeal

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For Australian Law.

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Interrogate

Catchwords

1. Evidence
2. › Criminal trial
3. › Admissions to police
4. › Admissibility
5. › Admissions videotaped without consent of accused
6. › Whether conversation in police lockup constituted 'interview'
7. › Whether admissions voluntary
8. › Criminal Code (WA), ss 570, 570D
1. Evidence
2. › Criminal trial
3. › Admissions to police
4. › Discretion to exclude
5. › Unfairness discretion
6. › Public policy discretion
7. › Accused initiated conversation after declining formal interview
8. › Whether unfair to admit secretly recorded admissions
1. Criminal Law
2. › Sentence
3. › Totality principle
4. › Whether applicable where prior sentences completed before sentencing for current offence
5. › Whether sentence manifestly excessive
6. › Armed robbery
7. › Sentencing Act 1995 (WA), s 89
1. Criminal Law
2. › Appeal
3. › Extension of time
4. › Leave to appeal against conviction and sentence
5. › Whether proposed grounds of appeal have merit

Quick Take

An 'interview' under s 570(1) of the Criminal Code (WA) includes any conversation between a police officer and a suspect in relation to an alleged offence, including informal conversations initiated by the suspect. Section 570D does not prohibit the admission of videotaped admissions made without the accused's knowledge that recording was occurring, though the general discretion to exclude on grounds of unfairness or public policy remains available. The totality principle does not apply where prior sentences have been completed before sentencing for the current offence, and does not apply by analogy where the current offence was committed while on parole rather than before sentencing for the earlier offence.