Driscoll v R
| Jurisdiction | Australia Federal only |
| Neutral Citation | [1977] HCA 43,1977-0810 HCA C |
| Date | 1977 |
| Year | 1977 |
| Court | High Court |
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85 cases
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Aytugrul v R
...v The Queen 52 The appellant also claimed support for his argument about the meaning of ‘probative value’ in ss 135 and 137 from Driscoll v The Queen66. The appellant submitted that s 137 was based on what the Australian Law Reform Commission called a common law ‘discretion to exclude evide......
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Conway v R
...72 (1940) 63 CLR 533 at 563. 73Archbold's Pleading and Evidence in Criminal Cases, 21st ed (1893) at 207. 74Driscoll v The Queen (1977) 137 CLR 517 at 75Ibrahim v The King [1914] AC 599 at 615; Dal Singh (1917) LR 44 IA 137 at 146; Lejzor Teper v The Queen [1952] AC 480 at 491, 492; Chan Ka......
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Kelly v R
...or recollected, and then transmitted to the court. 23 Particular concern was directed to allegedly fabricated confessions. Thus in Driscoll v The Queen, Gibbs J said 7: ‘It is very common for an accused person to deny that he made an oral confession which police witnesses swear that he made......
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Libke v The Queen
...Heydon J at [134]. 13 See reasons of Hayne J at [83]. 14 (2005) 224 CLR 300. 15 (2005) 224 CLR 300 at 317 [45]. 16Driscoll v The Queen (1977) 137 CLR 517 at 524–525; Festa v The Queen (2001) 208 CLR 593 at 627 [110]; and TKWJ v The Queen (2002) 212 CLR 124 at 144–145 17 (1955) 93 CLR 493 at......
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5 books & journal articles
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Authenticating ‘Things’ in English Law: Principles for Adducing Tangible Evidence in Common Law Jury Trials
...to have been bullied into writing out a confession invented by the police.233 Ajodha vState [1982] AC 204 at 218. Cp. Driscoll vR(1977) 137 CLR 517 at 541.234 ‘Onecan hardly envisage a case where the judge must decide that an accused was not responsiblefor the contents of the statement but ......
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Public policy and private illegality in the pursuit of evidence
...See, e.g., McDermott vThe King (1948) 76 CLR 501 at 513 (Dixon J); The King vLee (1950) 82 CLR 133 at 154 (Curia);Driscoll vThe Queen (1977) 137 CLR 517 at 541 (Gibbs J); Cleland vThe Queen (1982) 151 CLR 1 at 9 (Gibbs CJ), 18–19(Deane J), 30–33 (Dawson J); Stephens vThe Queen (1985) 156 CL......
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Resolving the Application of the Christie Discretion in the Uniform Evidence Legislation
...102 (1950) 82 CLR 133 103 R v Lee (1950) 82 CLR 133, 134 (Latham CJ, McTiernan, Webb, Fullagar and Kitto JJ). 104 (1977) 137 CLR 517, 541. 105 [1987] 1 Qd R 239, 251. 106 [1996] 2 Qd R 68, 72. 107 Edmond, above n 99, 10, citing R v Lock (1997) 91 A Crim R 356, 364 (Hunt CJ at CL); R v Polki......
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The Exercise of Police Powers in Queensland: The Defendant's Perspective
...reject an allegedconfession if the judge considers it unfair to the accused person to allow suchaconfession into evidence (Driscoll v R (1977) 137 CLR 517).There is no obligation on police in Queensland, either at common law or inthe OPM, to inforrn a person that he or she may consult a sol......
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