Voluntariness of Admissions in Police Interview

Our client was charged with 80 separate charges of burglary and theft at various locations. He suffered from an intellectual disability. There was no forensic evidence linking our client to the offences. Apart from our client’s disputed admissions during the police interview, there was no other evidence in support of the numerous charges. If found guilty, or if pleaded guilty, the likely sentence would have been in excess of 2 years.

Shaun Pascoe represented our client at the Heidelberg Magistrates’ Court.

The voluntariness of our client’s admissions during his interview was a critical issue in this case. We briefed a forensic psychologist to provide an opinion as to the voluntariness of our client’s admissions in circumstances where an independent third person was not present during our client’s interview. Ultimately, all offences were withdrawn.

 


Shaun PascoeShaun Pascoe

Shaun is an Accredited Criminal Law Specialist and a partner of the firm. Shaun runs the Heidelberg branch of Doogue + George.

He is an experienced criminal law solicitor and works hard to achieve the best possible outcomes for his clients. Shaun handles indictable and summary criminal offences and is an expert at criminal defence for both contested and non-contested cases.

Visit Shaun's profile to read more about his background and experience.


DISCLAIMER: This is a real case study of an actual case from our files. Details pertaining to the client have been changed to protect their privacy. The sentence imposed and the charge have not been altered. These case studies are published to demonstrate real outcomes and give an indication of possible tariffs in Court. We do not guarantee a similar case on these charges will get the same result. Please note that we post results at our discretion, therefore while many case studies are average results, others are notable for their exceptional outcomes. PUBLISHED 25/02/2013