Where a police officer gives sworn testimony that an arrest was effected, questions at the end of a video record of interview directed to whether physical force was used are not inconsistent with that testimony and cannot form the basis for rejecting it. A deliberate decision by police not to inform an arrested suspect of the offence for which they were arrested, in order to gain a tactical advantage in interview, is a serious contravention of s 138(2)(a) of the Criminal Investigation Act 2006 (WA) that weighs heavily against the exercise of discretion to admit the resulting evidence under s 155.
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