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The derivative imperative : how should Australian criminal trial courts treat evidence deriving from illegally or improperly obtained evidence?

Mellifont, Kerri Anne (2007) The derivative imperative : how should Australian criminal trial courts treat evidence deriving from illegally or improperly obtained evidence? Professional Doctorate thesis, Queensland University of Technology.

Abstract

How should Australian criminal trial courts treat evidence deriving from illegally or improperly obtained evidence? The fact that derivative evidence gives rise to factors distinct from primary evidence makes it deserving of an examination of its peculiarities. In doing so, the assumption may be put aside that derivative evidence falls wholly within the established general discourse of illegally or improperly obtained evidence. Just as the judicial response to primary evidence must be intellectually rigorous, disciplined and principled, so must be the response to derivative evidence. As such, a principled analysis of how Australian courts should approach derivative evidence can significantly contribute to the discourse on the law with respect to the exclusion of illegally or improperly obtained evidence. This thesis provides that principled analysis by arguing that the principles which underpin and inform the discretionary exclusionary frameworks within Australia require an approach which is consistent as between illegally obtained derivative evidence and illegally obtained primary evidence.

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ID Code: 16388
Item Type: QUT Thesis (Professional Doctorate)
Supervisor: Mackenzie, Geraldine, Harris, Wendy, & Sibley, Robert
Keywords: evidence-illegally, unfairly or improperly obtained evidence, criminal procedure, exclusion of evidence, real evidence, confessions, judicial discretion to exclude evidence, primary evidence, derivative evidence
Divisions: Current > QUT Faculties and Divisions > Faculty of Law
Current > Schools > School of Law
Department: Faculty of Law
Institution: Queensland University of Technology
Copyright Owner: Copyright Kerri Anne Mellifont
Deposited On: 03 Dec 2008 14:02
Last Modified: 29 Oct 2011 05:47

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