In the ACT, rulings on the admissibility of evidence are 'orders' susceptible to interlocutory appeal under s 37E of the Supreme Court Act 1933 (ACT), unlike in NSW. The correctness standard applies to appellate review of rulings on whether evidence was obtained at a price unacceptable having regard to prevailing community standards. Where an accused has expressly declined to be interviewed by police, the deliberate deployment of undercover operatives to circumvent that refusal, while the accused is in custody and without caution, renders the resulting evidence inadmissible. A firearms examiner's opinion that cartridges were fired from the same firearm is not admissible under s 79 where the opinion of 'sufficient agreement' is based on subjective visual comparison without objective criteria.
The full text is available to signed-in members, including the 19 later cases that cite this judgment.
6 of the 19 citing cases carry a classified treatment. How each court treated it is available to signed-in members.