R v AKB (No. 2)

In the case of R v AKB (No. 2), the defendant was charged with multiple serious indictable offences. The dispute centred on the admissibility of an unrecorded statement made by the defendant to the police after the conclusion of a recorded interview. The matter was heard in the Supreme Court of New South Wales. The central legal issue was whether the unrecorded statement made by the defendant in response to being charged with the offence was made in the course of official questioning, and whether there was a reasonable excuse for it not being recorded, as required by section 281 of the Criminal Procedure Act 1986 (NSW). Additionally, the court had to consider whether the statutory provision for the admissibility of the statement was complied with, and if the admissions were liable to be excluded under the legislation.

The court examined the nature and context of the unrecorded statement, focusing on whether it was made during a formal interrogation or in a more casual manner. The defendant argued that the statement was not made in the course of official questioning and that there was no reasonable excuse for its failure to be recorded. The prosecution contended that the statement was indeed part of the official questioning process and that the failure to record it was due to administrative oversight rather than any deliberate attempt to circumvent the statutory requirements. The court weighed the statutory requirements against the practicalities of police procedures and the rights of the defendant to ensure a fair trial.

After considering the evidence and arguments presented, the court found that the unrecorded statement was made in the course of official questioning. The court held that there was no reasonable excuse for the statement not being recorded, as it should have been documented in accordance with the statutory requirements. Consequently, the court ruled that the statement was inadmissible under section 281 of the Criminal Procedure Act 1986 (NSW). This decision had significant implications for the prosecution's case, as the unrecorded statement was a crucial piece of evidence. As a result, the charges against the defendant were dismissed due to the inadmissibility of the statement.