• Want to help us with this year's BoS Trials?
    Let us know before 30 June. See this thread for details
  • Looking for HSC notes and resources?
    Check out our Notes & Resources page

Collins v The Queen (1980) (1 Viewer)

hayleyharlequin

, psychotic synchypnotic
Joined
Sep 14, 2008
Messages
24
Location
Wollongong
Gender
Female
HSC
2009
What was the reason for the case and it's ruling? I can't seem to find it anywhere in my notes.
 

jeff.wong

Member
Joined
Oct 27, 2008
Messages
177
Gender
Male
HSC
2008
It was to decide whether or not the evidence provided by Collins was legal because Armstrong was not a parent or lawyer. The final decision by Muirhead J and Bowen J states that evidence was legal because it was up to the judge to determine if evidence is admissible and in this case the initial trial judge found Armstrong to be a good interpreter and had acted in good faith, thus admissible.

What does this case establish?

Well from the ruling, it established that it is ultimately up to the judge to decide whether certain evidence is admissible. However as a side note (in a dissenting statement by Brennan J) he states that it was difficult to believe the confession of a child was given voluntarily and further when a child is from a different cultural background to the interviewer and has a social and educational disadvantage, a confession as such is worth even less.

Relation to Crime?

It shows that minority groups in society may be disadvantaged by the legal system (criminal justice system) due to educational, cultural and social barriers. This can be used in an effectiveness question.
 
Last edited:

Users Who Are Viewing This Thread (Users: 0, Guests: 1)

Top