Critchley v WA

[2013] WASCA 28

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Evidence
3. › Admissibility of confessions
4. › Voluntariness
5. › Admissions against interest
6. › Whether admissions induced by fear of prejudice or hope of advantage
7. › Whether inducement held out by person in authority
8. › Whether inducement need relate to actual or contemplated charge
1. Criminal Law
2. › Evidence
3. › Admissibility of confessions
4. › Person in authority
5. › Commissioner of Police
6. › Whether Commissioner had lawful authority to affect course of investigation or prosecution
7. › Police Act 1892 (WA), ss 5, 8, 33L
1. Criminal Law
2. › Appeal against conviction
3. › Wrong decision on question of law
4. › Admissibility of evidence
5. › Whether substantial miscarriage of justice
6. › Criminal Appeals Act 2004 (WA), ss 30(3)(c), 30(4)

Quick Take

A police officer's written response to a Commissioner's Notice of Intention to Remove under s 33L of the Police Act 1892 (WA) may be inadmissible in subsequent criminal proceedings as an involuntary confession where the NOITR constitutes an inducement (fear of removal or hope of retention) held out by a person in authority. The rule applies even though the inducement relates to the disciplinary process rather than the criminal charge.