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‘The “Authorities Proviso”: the Scope of the Discretion to Exclude Evidence for Public Policy’

Authors:

David Caruso and Chong Tsang

Status:

Drafting

Abstract:

This article addresses whether the discretion to exclude evidence on the grounds of public policy as formulated in Bunning v Cross should be limited to situations in which the improper or unlawful conduct in obtaining the evidence was that of ‘the authorities’.

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