R v Reitberger [2014] NSWDC 154

R v Reitberger [2014] NSWDC 154

The application to exclude evidence of the telephone calls is dismissed because the conversations were lawfully recorded, there was no improper conduct or overbearing of will, any misrepresentations by the complainant did not affect the reliability of any admissions, and the evidence is highly probative without being unfairly prejudicial under the Evidence Act.

Jurisdiction
Australia
Judgment Date
01 May 2014
Procedural Posture
Criminal / Procedural Ruling on Admissibility of Evidence
Outcome
Application to exclude evidence is dismissed.
Legal Topics
['admissibility of Evidence' 'pretext Conversations' 'sexual Assault Allegations']
['criminal Law'] ['admissibility of Evidence' 'pretext Conversations' 'sexual Assault Allegations']

Case Brief

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Procedural Posture

Criminal / Procedural Ruling on Admissibility of Evidence

Legal Issues

  1. 1 ["Whether evidence of recorded telephone conversations ('pretext' calls) between the complainant and the accused should be excluded from the jury under sections 90, 137 or 138 of the Evidence Act"]

Ratio Decidendi

The application to exclude evidence of the telephone calls is dismissed because the conversations were lawfully recorded, there was no improper conduct or overbearing of will, any misrepresentations by the complainant did not affect the reliability of any admissions, and the evidence is highly probative without being unfairly prejudicial under the Evidence Act.

Court Disposition

Application to exclude evidence is dismissed.

Orders

  • ['Evidence of the two telephone calls is not excluded from the jury.']