Blum v WA [No 2]

[2012] WASCA 40

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Appeal against conviction
3. › Miscarriage of justice
4. › Evidence admitted without objection
5. › Whether trial judge erred in failing to exclude evidence
6. › Whether miscarriage of justice occurred
7. › Criminal Appeals Act 2004 (WA), s 30(3)(b), s 30(3)(c)
1. Criminal Law
2. › Evidence
3. › Admissions to police
4. › Audiovisual recording requirement
5. › Reasonable excuse for absence of recording
6. › Spontaneous admission during preliminary inquiry
7. › Criminal Investigation Act 2006 (WA), s 118
1. Criminal Law
2. › Evidence
3. › Admissions to police
4. › Court discretion to admit otherwise inadmissible evidence
5. › Balancing desirability and undesirability of admission
6. › Criminal Investigation Act 2006 (WA), s 155
1. Criminal Law
2. › Appeal against conviction
3. › Conduct of defence counsel at trial
4. › Failure to object to evidence
5. › Whether failure to object was for rational forensic reasons
6. › Whether appellant bound by counsel's conduct

Quick Take

A spontaneous and voluntary admission made by a suspect to a police officer during a preliminary inquiry about willingness to participate in a video-recorded interview constitutes a 'reasonable excuse' for the absence of an audiovisual recording under s 118(3)(b)(i) of the Criminal Investigation Act 2006 (WA). Where evidence of an unrecorded admission is adduced without objection and is in fact admissible, no miscarriage of justice arises.