When assessing the gravity of a contravention under s 138(3)(d) of the Evidence Act 2008 (Vic), the personal characteristics of the person questioned — including cultural background, English language proficiency, and prior experiences with police — are relevant considerations. Two discrete periods of questioning may be treated as a single interview where there is a close connection in time, the suspect is held in custody and incommunicado between the two periods, and the same officers conduct both interviews, such that an impropriety in the first period may infect the second.
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