R v Sumpton [2014] NSWSC 1432

Facts: Defendant (D) was detained in police custody for 23 hours (most of which was unlawful) and had no access to a lawyer (he asked for one twice before making admissions). The designated custody manager who was meant to be an impartial party to ensure rights and codes of practice complied with, was not involved. He was subjected to psychological and emotional pressure to change his version of events. He repeatedly sought his right of silence. He was asked 2,000 questions in 4 hours of belittling and ridiculed questions. The questioning contained a presumption of guilt. He was told he’d be facing a life sentence. At the end of 12 hours, he confessed to the stabbing murder in a tape recording, accompanied by lots of sobs.

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