Evidence Law - Victoria (Australia) Legal Case Commentary Essay

Evidence Law - Victoria (Australia) Legal Case Commentary - Essay eventThe rationale appears to be that a confession obtained involuntarily can not be relied upon for the truth of its contents. The judicatures dilemma was succinctly stated by Gibbs J in Driscoll v The Queen, who said that, it is truly common for an accused person to deny that he made an oral confession which police witnesses certify that he made. The accused has an obvious motive to claim that police testimony of this kind is false. On the another(prenominal) hand it would be unreal to imagine that every police officer in every human face is too scrupulous to succumb to the temptation to attempt to secure the conviction of a person whom he believes to be guilty by saying that he has confessed to the crime with which he is charged when in event he has not done so. This aspect of the voluntary nature of confession statement becomes tricky in instances where police use unconventional means in the course of obtain ing a confession statement. The court act to draw the line in balancing these conflicting motives for the admissibility of confession statements by restating the applicable test an applying it to a scenario where police used what amounted to entrapment in R v Tofilau