By selecting the 'Susbcribe & Save' option you are enrolling in an auto-renewing subscription of Zookal Study Premium. Cancel at anytime.
Auto-Renewal
Your Zookal Study Premium subscription will be renewed each month until you cancel. You consent to Zookal automatically charging your payment method on file $19.99 each month after 1st month free period until you cancel.
How to Cancel
You can cancel your subscription anytime by visiting Manage account page, clicking "Manage subscription" and completing the steps to cancel. Cancellations take effect at the end of the 1st month free period (if applicable) or at the end of the current billing cycle in which your request to cancel was received. Subscription fees are not refundable.
Zookal Study Premium Monthly Subscription Includes:
Ability to post up to ten (10) questions per month.
20% off your textbooks order and free standard shipping whenever you shop online at
textbooks.zookal.com.au
Unused monthly subscription benefits have no cash value, are not transferable, and expire at the end of each month. This means that subscription benefits do not roll over to or accumulate for use in subsequent months.
Payment Methods
Afterpay and Zip Pay will not be available for purchases with Zookal Study Premium subscription added to bag.
$1.00 preauthorisation
You may see a $1.00 preauthorisation by your bank which will disappear from your statement in a few business days..
Email communications
By adding Zookal Study Premium, you agree to receive email communications from Zookal.
Evidence derived from illegally or improperly obtained evidence
Published
28th May 2010
Related course codes
Evidence derived from illegally or improperly obtained evidence
“…The importance of derivative evidence and the way that courts treat its admissibility cannot be underestimated. In many cases, the determination of whether or not derivative evidence will be admitted has the functional effect of deciding the outcome of a trial. …” M Wiseman, “The Derivative Imperative: An Analysis of Derivative Evidence in Canada” (1997) 39 Criminal Law Quarterly 435, 491.
The fate of a criminal trial can be determined by a decision by the trial judge to exclude evidence which has come about by illegal or improper investigative means. An exclusion of a confession obtained involuntarily, or drugs located in an illegal search, can result in the collapse of a case against an accused.
Although much has been written in Australia on the rule and discretions to exclude such evidence, little has been written on a particular species of such evidence, that is, evidence which is derived from evidence which has been obtained by illegal or improper investigative means. This is so even though a criminal law practitioner is not infrequently faced with a brief of evidence which contains evidence which has been derived from other evidence which itself was illegally or improperly obtained.
Described variously in overseas literature as “derivative evidence” or “fruit of the poisonous tree”, this species of evidence gives rise to considerations which are peculiar to it when applying the exclusionary rule and discretions. Thus, the second or subsequent confession obtained after in consequence of an improperly obtained confession may require the judge to think differently on the question of exclusion. Similarly, the bank records located in consequence of scraps of paper found during an illegal search of an accused person’s residence may call into play additional factors to weigh in the balance required by the public policy discretion.
This text provides practitioners with a readily comprehensible analysis of the operation of the exclusionary rule and discretions in Australia, including the factors which come in to play generally with respect to all evidence illegally and improperly obtained, and more specifically with respect to derivative evidence.