R v Alameddine [2019] NSWDC 265

R v Alameddine [2019] NSWDC 265

The ERISP (police interview) and any derivative evidence were excluded because the desirability of admitting the evidence did not outweigh the undesirability of admitting evidence obtained through a deliberate contravention by police of the accused's statutory right to consult a lawyer of his choice, as required by s 123 of the Law Enforcement (Powers and Responsibilities) Act 2002, and in the exercise of the court’s discretion under s 138 of the Evidence Act 1995.

Parties
Crown: Regina; Accused: Khan Alameddine
Jurisdiction
Australia
Judgment Date
17 April 2019
Procedural Posture
Criminal / Pre Trial Evidentiary Ruling
Outcome
Application to exclude evidence granted
Legal Topics
Improperly Obtained Admissions, Exclusion of Evidence, Right to Legal Representation
Criminal Law Evidence Improperly Obtained Admissions Exclusion of Evidence Right to Legal Representation

Case Brief

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Parties

Regina

Crown

Khan Alameddine

Accused

Procedural Posture

Criminal / Pre Trial Evidentiary Ruling

Legal Issues

  1. 1 Whether the accused's admissions in a police interview should be excluded due to a breach of the right to communicate with a legal practitioner of his choice under s 123 Law Enforcement (Powers and Responsibilities) Act 2002 and statutory discretion under ss 90, 135, 136, 137, and 138 of the Evidence Act 1995

Ratio Decidendi

The ERISP (police interview) and any derivative evidence were excluded because the desirability of admitting the evidence did not outweigh the undesirability of admitting evidence obtained through a deliberate contravention by police of the accused's statutory right to consult a lawyer of his choice, as required by s 123 of the Law Enforcement (Powers and Responsibilities) Act 2002, and in the exercise of the court’s discretion under s 138 of the Evidence Act 1995.

Court Disposition

Application to exclude evidence granted

Orders

  • The ERISP of the accused dated 3 January 2018 and any evidence derivative of the ERISP is excluded.
  • The readiness hearing (17 May 2019) and trial date (1 July 2019) are confirmed.