Event and Time
Event Description
On October 14, 2017, Lance Myles allegedly drove a motor vehicle in a reckless manner, resulting in serious injuries to Philip Handby. The charges against him included reckless conduct endangering serious injury, intentionally causing serious injury, alternatively recklessly causing serious injury, and failing to stop and render assistance post-accident. At the time of the alleged offenses, Myles was under a drug treatment order (DTO).
Application and Claims
The prosecution aimed to include evidence of admissions made by Myles during a session with his case manager, Kelly-Ann Faulkner, as part of their case. The defense challenged the admissibility of these admissions, leading to a pre-trial ruling that excluded the evidence under section 90 of the Evidence Act 2008.
Judicial Decisions
The trial judge ruled to exclude the admissions on the grounds that using them would be unfair to the accused. The prosecution, via the Director of Public Prosecutions (DPP), sought leave to appeal this decision, arguing that the trial judge erred in excluding the admissions.
Dispute Points and Legal Basis
Dispute Points
- Prosecution's Arguments: The prosecution claimed that the admissions were voluntary, unsolicited, and made without coercion. They argued that Faulkner had no obligation to caution Myles about the consequences of his disclosures and that the admissions should be admissible.
- Defense's Arguments: Defense counsel contended that Myles felt compelled to admit to the offenses because Faulkner’s role as a case manager placed him under significant psychological pressure. They stated that he was advised of a duty of honesty and could perceive sanctions for non-compliance, which made the disclosures effectively coerced.
- Third-party Views: Faulkner noted in her testimony the need for clarity on whether admissions made during case management could be used against individuals under a DTO, highlighting a possible misunderstanding of the protections available under the law.