Stapleton v The Queen

Practitioners must be aware that in Western Australia, unrecorded admissions will not ordinarily be admitted under s 570D(2)(c) merely because a trial judge prefers police evidence over an accused's denial — courts must find genuinely exceptional circumstances, such as the accused initiating conversations, prior cautions being given, and no overt challenge to the admissions at the time of the ruling. Defence practitioners should also note that failure to seek an accomplice direction at trial in relation to co-accused evidence will weigh heavily against a successful appeal on that ground.