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Written by
Shaun Pascoe
Criminal Defence Lawyer


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Other Criminal Offences
A Case Study: Voluntariness of Admissions in Police Interview
Date: 01/09/2009
2819

The Name of the Offence


Burglary

Place of the event


Various

The court attended


Heidelberg Magistrates Court
Acting Solicitor: Shaun Pascoe

Facts of the Case


Client charged with 80 separate offences of burglary and theft at various locations.  Client 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. 

Results Achieved


The voluntariness of our client's admissions during his interview was a critical issue in this case.  We briefed a forensic psycholgist to provide an opinon 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  Ultimately, all offences were withdrawn.

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Our firm has extensive experience in representing clients charged with property offences.  We critically review our client's briefs to determine the viability of any defence that may be available.