The State of Western Australia v Cox

The State of Western Australia brought proceedings against Cox in the Supreme Court of Western Australia. The issue was whether a video recording of a police interview with Cox should be admitted as evidence. The video contained an inculpatory statement from Cox. The State argued that the recording should be admitted under section 155 of the Criminal Investigation Act 2006, which allows for the admission of inadmissible evidence if the court considers it in the interests of justice to do so. Cox objected to the admission of the video, arguing that it was obtained in breach of the requirements to administer the caution and provide an opportunity for legal advice.

The court examined whether the police interview was conducted in accordance with the requirements of the Criminal Investigation Act 2006. The court considered whether Cox was properly cautioned and whether he was given an opportunity to obtain legal advice. The court also considered the role of an "interview friend" and whether their presence affected the voluntariness of Cox's statement. The court found that the police interview was conducted in accordance with the relevant statutory requirements and that the video recording of the interview was admissible under section 155 of the Criminal Investigation Act 2006. The court concluded that admitting the video recording was in the interests of justice.

The Supreme Court of Western Australia allowed the video record of the police interview to be admitted as evidence in the trial against Cox. The court found that the police interview was conducted in accordance with the statutory requirements and that the video recording was admissible under section 155 of the Criminal Investigation Act 2006. The court held that the presence of an "interview friend" did not affect the voluntariness of Cox's statement and that admitting the video recording was in the interests of justice.