Mcdermott v R
| Jurisdiction | Australia Federal only |
| Court | High Court |
| Neutral Citation | [1948] HCA 23,1948-0922 HCA A |
| Year | 1948 |
| Date | 1948 |
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... ... in Cornelius v. The King (1936) 55 C.L.R. 235, 248 ]; that it “… can only be admitted in evidence if it is … a voluntary confession.” – [por Williams, J. in McDermott v. The King , (1948) 76 C.L.R. 501, 516 , and per Parker, L.C.J. in Thomas Joseph Smith , (1959) 43 Cr. App. R. 121, 126 ]; “…… confessions have been held to be inadmissible unless they are free and voluntary.” [per Lord Reid in Commissioners of Customs and Excise v. Harz & Another ... ...
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Lee v New South Wales Crime Commission
...at 298 per Mason CJ and McHugh J, see also at 332 per Deane J; [1992] HCA 57. See also Ibrahim v The King [1914] AC 599 at 609–611; McDermott v The King (1948) 76 CLR 501; [1948] HCA 23; R v Lee (1950) 82 CLR 133; [1950] HCA 25; Barton v The Queen (1980) 147 CLR 75 at 96, 103–105, 107, 1......
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Public policy and private illegality in the pursuit of evidence
...JJ8. The discretion is often named for the case in which recognised it: RvChristie [1914] AC 545.9. 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 (......
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CRIMINAL PROCEDURE CODE 2010
...Cat here is with regard to its ability to appear and disappear, rather than to its other defining feature, its rather broad grin. 68(1948) 76 CLR 501 at 511. Indeed, it may be submitted that Dixon J's formulation is superior to the statutory explanation in terms of representing the common l......
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Confessions to Mr Big
...on bythe prosecution. Notably, the cases of Stephen Standage in Tasmania92andBrettCowanin90. RvSwaffield, above n. 72; McDermott vR(1948) 76 CLR 501; RvLee (1950) 82 CLR 133. See also Evidence Act 1995 (Cth)ss. 90, 135–137.91. See RvMack [1988] 2 SCR 903 at [144]; RvAmato [1982] 2 SCR 418; ......
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...[emphasis added]. In this context, Hor comments that there really is no free will when a suspects confesses. 65 McDermott v The King (1978) 76 CLR 501 at 511. 66 [1992] 2 SLR 1 (“Tan Boon Tat”) at 9, [31]. 67 [1999] 1 SLR 25 (“Chai Chien Wei Kelvin”) at 56, [53]. 68 [1999] 2 SLR 181 at 200,......
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