An ambiguous admission by a vulnerable accused — where no victim, date, or description of the offence was provided before the statement was made — may not satisfy the reliability threshold under s 85 of the Evidence Act 2011 (ACT), particularly where the accused has significant mental health conditions and developmental disadvantage. The enactment of s 97A of the Evidence Act 2011 (ACT) significantly weakens arguments based on DS v R that tendency evidence of conduct by a young person lacks probative value.
The full text is available to signed-in members.