R v Jenkin (No 9) [2018] NSWSC 743

R v Jenkin (No 9) [2018] NSWSC 743

The recording was admissible because evidence of conversations about drugs between Mr Cowan and Ms Freimann could rationally affect the assessment of whether Mr Cowan took steps to obtain heroin to kill a witness by a "hot shot", and the probative value of establishing the connection and nature of the relationship between Ms Freimann and Mr Cowan outweighed the very slight danger of unfair prejudice, particularly in a judge alone trial.

Jurisdiction
Australia
Judgment Date
16 May 2018
Procedural Posture
Criminal Proceeding / Procedural Ruling During Judge Alone Trial on Admissibility of Listening Device Recording
Outcome
The evidence of the listening device recording is admissible.
Legal Topics
['relevance' 'unfair Prejudice' 'admissions Made With Authority' 'listening Device Recording' 'conspiracy to Murder']
['criminal Law' 'evidence'] ['relevance' 'unfair Prejudice' 'admissions Made With Authority' 'listening Device Recording' 'conspiracy to Murder']

Case Brief

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Procedural Posture

Criminal Proceeding / Procedural Ruling During Judge Alone Trial on Admissibility of Listening Device Recording

Legal Issues

  1. 1 ['Whether the listening device recording of a conversation involving Ms Desyl Freimann, Mr Paul Lincoln, Mr Stuart Cowan and Kylie Smith was relevant to an issue in the proceeding.' 'Whether the evidence should be excluded under s 137 of the Evidence Act 1995 (NSW) because its probative value was outweighed by the danger of unfair prejudice.' 'Whether s 87 of the Evidence Act 1995 (NSW) provided a basis for objection to the evidence.']

Ratio Decidendi

The recording was admissible because evidence of conversations about drugs between Mr Cowan and Ms Freimann could rationally affect the assessment of whether Mr Cowan took steps to obtain heroin to kill a witness by a "hot shot", and the probative value of establishing the connection and nature of the relationship between Ms Freimann and Mr Cowan outweighed the very slight danger of unfair prejudice, particularly in a judge alone trial.

Court Disposition

The evidence of the listening device recording is admissible.

Orders

  • ['The listening device recording is admitted for the purpose of establishing some connection and the nature of the relationship between Ms Freimann and Mr Cowan.']