The Court held that admissions made by a heavy drinker to Police at the Watch House and during a recorded interview the following morning were admissible under ss 85, 90, 137 and 138 of the Evidence Act. On the facts, the accused's degree of intoxication at the time of the s 140 admission was not significant given his heavy drinking history, estimated blood alcohol content, coherent presentation and demonstrated understanding of the caution, and by the time of the EROI he had no residual blood alcohol content, his mild alcohol withdrawal symptoms had been appropriately treated by medication including a low dose of Diazepam, and he participated voluntarily and coherently. The s 140 admission was held admissible as relationship evidence under s 137, with appropriate jury directions to ameliorate any danger of unfair prejudice arising from its generality, and the 'compare and contrast' questioning in the latter part of the EROI did not constitute cross-examination in breach of Police General Order Q1 or give rise to unfairness under s 90.
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