R v Nguon & Ream [2014] NSWDC 385

R v Nguon & Ream [2014] NSWDC 385

The police-prepared transcripts of the English-language covert recordings should not be provided to the jury as aides memoire due to the risk of distraction, unfair prejudice, unreliability, and lack of relevant ad hoc expertise; the enhanced audio recording may be tendered in evidence, as its probative value outweighs potential for confusion or waste of time, and any such risks can be addressed by directions to the jury.

Jurisdiction
Australia
Judgment Date
31 March 2014
Procedural Posture
Criminal / Trial (ruling on Evidentiary Matters)
Outcome
Transcripts not permitted as aides memoire; enhanced audio recording admissible
Legal Topics
['ad Hoc Expert' 'transcript of Covert Recordings' 'trial Procedure' 'use of Transcript as Aide Memoire']
['criminal Law' 'evidence'] ['ad Hoc Expert' 'transcript of Covert Recordings' 'trial Procedure' 'use of Transcript as Aide Memoire']

Case Brief

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Procedural Posture

Criminal / Trial (ruling on Evidentiary Matters)

Legal Issues

  1. 1 ['Should police-prepared transcripts of covert English-language recordings be provided to the jury as aide memoire?' 'Is the enhanced audio recording admissible or should it be excluded (Evidence Act s 135)?']

Ratio Decidendi

The police-prepared transcripts of the English-language covert recordings should not be provided to the jury as aides memoire due to the risk of distraction, unfair prejudice, unreliability, and lack of relevant ad hoc expertise; the enhanced audio recording may be tendered in evidence, as its probative value outweighs potential for confusion or waste of time, and any such risks can be addressed by directions to the jury.

Court Disposition

Transcripts not permitted as aides memoire; enhanced audio recording admissible

Orders

  • ['Transcripts of unenhanced and enhanced recordings not to be provided to jury as aides memoire' 'Enhanced audio recording may be tendered in evidence']