Admissions made to a Community Corrections officer during an ICO assessment, and after conviction in the Local Court, have been ruled inadmissible as fresh evidence on appeal to the District Court.

The Court of Criminal Appeal held that the post conviction admissions “would not be capable of satisfying the interests of justice test, required to grant leave to adduce evidence in the District Court on appeal”.

Mr Landsman had been convicted of two counts of assault occasioning actual bodily harm in the Local Court. At issue was identification. Following conviction, the Magistrate ordered an ICO assessment before finalising his sentence. During that assessment Mr Landsman made admissions to the Community Corrections Officer relevant to identification.

Mr Landsman appealed his Local Court conviction to the District Court. In the District Court the Crown sought leave to lead the fresh evidence of the post conviction admissions.

Justice Blanch, then the Chief Judge of the District Court, admitted the evidence in the District Court, determining that it was in the interest of justice for that fresh evidence to be adduced on the appeal. However, he then submitted a stated case to the Court of Criminal Appeal.

In the CCA, Beazley P held that the post conviction admissions would not be capable of satisfying the interest of justice test. In the District Court, fresh evidence can be adduced only if it is in the interest of justice for that evidence to be adduced.

The CCA took into account a number of factors including the circumstances in which those admissions were made, and the “significant pressure” on Mr Landsman to provide the information. Additionally, no warning was given to Mr Landsman that the information could be used against him.

The full decision can be found here: Landsman v R [2014] NSWCCA 328

Photo by Engin Akyurt