Sinclair v R
| Jurisdiction | Australia Federal only |
| Neutral Citation | 1946-1223 HCA D,[1946] HCA 55 |
| Year | 1946 |
| Date | 1946 |
| Court | High Court |
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17 cases
- Conway v R
- Morris v R
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State v Gobin; State v Griffith
... ... Warringham ] or was not proved to be voluntary [as in Sinclair v. The King (1946) 73 C.L.R. 316 ]. If an objection is taken in this form, the judge might either decide the issue on what he has heard already, or proceed to hold a voir dire in the absence of the jury, to probe into the matter more fully. It may be that the existence of such cases is the support ... ...
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Tofilau v The Queen
...judges have thought it better to reject it for the due administration of justice … .’ Dixon J quoted those words with approval in Sinclair v The King342. 291 Nemo tenetur se ipsum prodere. Thirdly, if an accused is convicted solely or largely on the basis of a confession, in some minds a qu......
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1 books & journal articles
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Admissibility of confession evidence: Principles of hearsay and the rule of voluntariness
...402 [3] (Gleeson CJ). The strict and automatic nature of the exclusion has sometimes been referred to asa ‘rule of policy’: Sinclair vR(1946) 73 CLR 316 (Dixon J) citing Sumner LJ in Ibrahim, n. 11 above at 610–11, where he saidthe policy was ‘not that the law presumes such statements to be......