An accused person's failure to understand the police caution does not render admissions involuntary under Australian law; voluntariness requires only that the accused's will was not overborne by threats, inducements or external pressure. A failure to understand the caution is relevant only to the residual discretion to exclude evidence on fairness grounds, where the onus falls on the accused. The Anunga guidelines do not apply by analogy to non-English-speaking foreign nationals absent evidence that the specific linguistic and cultural considerations informing those guidelines are applicable. The standard of appellate review of factual findings made on a voir dire remains unresolved in Western Australia.
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