CGL v DPP (No 2)

The respondents, CGL, sought an interlocutory appeal against a decision to admit confessional evidence obtained by the police from the respondents. The appeal was heard by the Court of Appeal, with the Director of Public Prosecutions (DPP) as the respondent. The respondents argued that the confessional evidence, which included admissions made to the complainant, should not have been admitted as it was obtained in an unfair manner. The respondents contended that the evidence should have been excluded under the provisions of the Evidence Act 2008 (Vic), which allow for the exclusion of evidence obtained in an unfair manner, or where its admission would substantially weaken the prosecution case.

The legal issues before the court were whether the confessional evidence obtained from the respondents should be admitted, and if the exclusion of this evidence would eliminate or substantially weaken the prosecution case. The court also had to consider whether a certificate from the trial judge was warranted under the Criminal Procedure Act 2009 (Vic). The respondents argued that the evidence was inadmissible due to its unfair procurement and that its exclusion would significantly undermine the prosecution's case. The DPP, on the other hand, submitted that the evidence was properly obtained and its admission would not unfairly prejudice the respondents.

The Court of Appeal found that the evidence was obtained in a manner that did not contravene any statutory or common law principles, and therefore did not warrant exclusion. The court further found that the exclusion of the evidence would not eliminate or substantially weaken the prosecution case, as there was other evidence available to support the prosecution's case. The court concluded that the trial judge's certificate was not warranted as the evidence was properly admitted. As a result, the appeal was dismissed, and leave to appeal was refused. The court determined that the evidence was admissible and its admission did not unfairly prejudice the respondents.