R v L Cassar; R v E Sleiman (Judgment No 27) [1999] NSWSC 650

R v L Cassar; R v E Sleiman (Judgment No 27) [1999] NSWSC 650

The relevant police conduct did not render the recordings unfairly obtained: at the time of the December 1997 conversations the police had not decided to charge the accused, neither accused had refused to answer police questions about Mr Burton's death, and no impropriety such as trickery or misrepresentation was demonstrated in providing information through Miss Cassar's family. The challenged passages were sufficiently intelligible for the jury, relevant, and their reliability, meaning, and any alternative innocent explanations were matters for the jury. The probative value of the admitted conversations was not outweighed by unfair prejudice.

Jurisdiction
Australia
Judgment Date
09 July 1999
Procedural Posture
Criminal / Ruling on Objections to Admissibility of Covertly Recorded Conversations During Trial
Outcome
Evidence admitted in part.
Legal Topics
['confessional Evidence' 'unfairness Discretion' 'right to Silence' 'police Investigatory Conduct' "judges' Rules" 'accusatory Stage' 'listening Device Evidence' 'telephone Intercept Evidence' 'admissions' 'unfair Prejudice']
['criminal Law' 'evidence'] ['confessional Evidence' 'unfairness Discretion' 'right to Silence' 'police Investigatory Conduct' "judges' Rules" 'accusatory Stage' 'listening Device Evidence' 'telephone Intercept Evidence' 'admissions' 'unfair Prejudice']

Case Brief

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Procedural Posture

Criminal / Ruling on Objections to Admissibility of Covertly Recorded Conversations During Trial

Legal Issues

  1. 1 ["Whether admissions in covertly recorded conversations were obtained in a way that was unfair or infringed Miss Cassar's right to silence." 'Whether the police investigation had reached the accusatory stage before the recorded conversations.' 'Whether the recordings should be excluded for poor quality, lack of relevance, or unfair prejudice under ss 135-137.' 'Whether specific recorded statements and silences were capable of being treated by the jury as express or implied admissions or consciousness of guilt.']

Ratio Decidendi

The relevant police conduct did not render the recordings unfairly obtained: at the time of the December 1997 conversations the police had not decided to charge the accused, neither accused had refused to answer police questions about Mr Burton's death, and no impropriety such as trickery or misrepresentation was demonstrated in providing information through Miss Cassar's family. The challenged passages were sufficiently intelligible for the jury, relevant, and their reliability, meaning, and any alternative innocent explanations were matters for the jury. The probative value of the admitted conversations was not outweighed by unfair prejudice.

Court Disposition

Evidence admitted in part.

Orders

  • ["The Crown was allowed to tender the parts of the covertly recorded conversations ultimately admitted into evidence over the accused's objections."]