Imagine the following scenario. Mr Smith is charged with aggravated burglary. He is interviewed by police and denies involvement in the offence. In the course of the interview, he makes some exculpatory statements that suggest that other police witnesses may have a motive to lie. Is this interview admissible in the trial? Even if it is admissible, is the prosecution obliged to tender it?
Some not-so-brief thoughts by a Melbourne lawyer with an interest in criminal law and associated fields
Friday, January 21, 2011
Friday, January 7, 2011
Dangerous delays
Applicants for special leave to appeal to the High Court are well familiar with three standard bases on which special leave is refused:
- The case does not raise any issue of sufficient importance
- The case does not have sufficient prospects of success
- The case is not a suitable vehicle for raising the issue in question
- The delays in the case have been too great to justify further extending proceedings
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