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The Queen v CS
[2012] NTSC 94
Supreme Court of the Northern Territory
Good law / bad law (paid plan)
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Interrogate
Catchwords
+2 more
Criminal Law
›
EVIDENCE
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DISCRETION TO EXCLUDE
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s 26L Evidence Act (NT)
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application to exclude audio-visual evidence of EROI between accused and police
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police did not facilitate communication between accused and a nominated friend
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whether s 140 Police Administration Act (NT) not complied with
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accused’s friend informed by police accused was in custody
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accused’s friend a potential witness to offences alleged against accused
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evidence not excluded on this ground
Criminal Law
›
EVIDENCE
›
DISCRETION TO EXCLUDE
›
s 26L Evidence Act (NT)
›
whether s 137 Police Administration Act (NT) not complied with
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accused held in police custody 32 hours before EROI conducted
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whether accused held beyond “reasonable period”
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held that accused was unlawfully detained at time of EROI
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evidence not excluded on this ground alone
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relevant to whether evidence ought be excluded on unfairness ground or public policy considerations
Criminal Law
›
EVIDENCE
›
DISCRETION TO EXCLUDE
›
s 26L Evidence Act (NT)
›
admissions made by accused in EROI
›
whether made voluntarily
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whether accused’s will overborne by police conduct
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adequate caution made and understood
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the will of the accused was not overborne
›
statements and admissions made voluntarily
›
evidence not excluded on this ground
Evidence Act (NT) s 26L
Case Details
Citation
[2012] NTSC 94
Court
NTSC
Jurisdiction
Northern Territory
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The Queen v CS [2012] NTSC 94 — Evidence & Evidence Act (NT) S 26L — Barrister AI