R v Kilincer (No. 2)

The case of R v Kilincer (No. 2) involved the defendant, Kilincer, who was charged with the crime of murder. The dispute centred on the admissibility of admissions made by Kilincer during a covert investigation carried out by an undercover police officer. The matter was heard in the Supreme Court of New South Wales. Kilincer sought to exclude these admissions from being used as evidence against him on several grounds, primarily asserting that the manner in which they were obtained rendered them inadmissible under various provisions of the Evidence Act 1995 (NSW).

The legal issues before the court included whether the admissions were obtained through oppressive conduct in violation of section 84 of the Evidence Act, whether they were unreliable under section 85, whether they were unfair to the accused under section 90, and whether their probative value was outweighed by the danger of unfair prejudice to the accused under section 137. The court was tasked with determining the admissibility of the evidence in light of these statutory provisions. The court carefully considered the statutory text and the specific circumstances of the investigation to address each objection raised.

The court found that the admissions were not obtained through oppressive conduct, and thus the objection under section 84 was overruled. The court also held that the admissions were not unreliable under section 85, after considering the relevant criteria and the methodology of the covert investigation. Additionally, the court ruled that the evidence was not unfair to Kilincer under section 90, and that the probative value of the admissions did not outweigh the danger of unfair prejudice under section 137. Consequently, the objections raised by Kilincer were rejected in their entirety, and the evidence was deemed admissible.

In conclusion, the Supreme Court upheld the admissibility of the admissions made by Kilincer during the covert investigation, overruling all objections raised under sections 84, 85, 90, and 137 of the Evidence Act 1995 (NSW). The evidence will therefore be considered in the trial of the accused.