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(p. 58) 3. Evidence obtained by illegal or unfair means 

(p. 58) 3. Evidence obtained by illegal or unfair means
(p. 58) 3. Evidence obtained by illegal or unfair means

Adrian Keane

and Paul Mckeown


Note: An update has been made available on the Online Resource Centre (August 2017).

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date: 12 November 2019

This chapter discusses the circumstances in which relevant evidence can be excluded, as a matter of law or discretion, on the grounds that it was obtained illegally, improperly, or unfairly. It also considers the circumstances in which criminal proceedings should be stayed as an abuse of the court’s process, where a trial would undermine public confidence in the criminal justice system and bring it into disrepute.

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