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Rejection of the fruit of the poisonous tree doctrine in Australia : a retreat from progressivism

journal contribution
posted on 2011-12-01, 00:00 authored by Kenneth Arenson
This article canvasses the key Australian exclusionary rules and discretions to exclude evidence under both the common law and its statutory counterparts in the Uniform Evidence Legislation now in effect in the Commonwealth, Victoria, New South Wales, the Australian Capital Territory and Tasmania. In examining these exclusionary rules and discretions, an analysis is made as to whether evidence derived from primary evidence excluded under one or more of these rules should also be excluded under an American style 'fruit of the poisonous tree doctrine' - and why or why not. Finally, the article compares the current Australian approach to this doctrine with the present state of the American doctrine and the recognised exceptions thereto. The article concludes with recommendations for applying the doctrine in both countries, subject to suggested changes in the Jaw that take the realities of political correctness and human frailty into account.

History

Journal

University of Notre Dame law review

Volume

13

Pagination

17 - 68

Publisher

University of Notre Dame Australia

Location

Fremantle, W.A.

ISSN

1441-9769

Language

eng

Publication classification

C1 Refereed article in a scholarly journal

Copyright notice

2011, University of Notre Dame Australia

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