R v Marley [1932] HCA 41; (1932) 47 CLR 618 (15 August 1932)

HIGH COURT OF AUSTRALIA

The King Applicant; and Marley Respondent.

H C of A

On appeal from the Court of Criminal Appeal of Tasmania.

15 August 1932

Rich, Dixon, Evatt and McTiernan JJ.

Owen, for the applicant.

The Court delivered the following judgment:—

Rich, Dixon, Evatt and McTiernan JJ.

The purpose of this application is to obtain a decision that evidence of admissions by the prisoner relevant to the crime charged is not rendered inadmissible merely by the circumstance that they include inseparable references to another or other offences and that the mere fact that they are made to a police officer after the prisoner is in custody is not enough to exclude them. We agree that this is so. But of course a Judge after admitting such evidence should by his direction do what is possible to prevent prejudice to the prisoner. We do not think this case raises this question in the form which makes it desirable to grant special leave.

Application refused.

Solicitor for the applicant, A. Banks-Smith, Crown Solicitor for Tasmania, by J. E. Clark, Crown Solicitor for New South Wales.