R v Charbaji, Azam; Charbaji, Haysem; Jamieson, Lexy May [2016] NSWSC 1862

R v Charbaji, Azam; Charbaji, Haysem; Jamieson, Lexy May [2016] NSWSC 1862

The recorded conversation is admissible except in certain passages because the circumstances in which the admissions were made do not render the truth of the admissions unlikely to have been adversely affected, and any impropriety in obtaining the evidence is outweighed by the significance and probative value of the evidence.

Jurisdiction
Australia
Judgment Date
30 September 2016
Procedural Posture
Criminal / Evidentiary Ruling Prior to Trial
Outcome
Evidence admitted except in certain identified respects.
Legal Topics
['admissibility of Evidence' 'recorded Conversation' 'impropriety of Obtaining Evidence' 'influence of Drugs' 's 85 Evidence Act 1995' 's 138 Evidence Act 1995']
['criminal Law'] ['admissibility of Evidence' 'recorded Conversation' 'impropriety of Obtaining Evidence' 'influence of Drugs' 's 85 Evidence Act 1995' 's 138 Evidence Act 1995']

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Procedural Posture

Criminal / Evidentiary Ruling Prior to Trial

Legal Issues

  1. 1 ['Whether a recorded conversation is admissible where one participant may have been an agent of police and no warning was given' 'Effect of self-induced intoxication of accused on admissibility of admissions under s 85 of the Evidence Act 1995' 'Whether evidence was obtained improperly and should be excluded under s 138 of the Evidence Act 1995']

Ratio Decidendi

The recorded conversation is admissible except in certain passages because the circumstances in which the admissions were made do not render the truth of the admissions unlikely to have been adversely affected, and any impropriety in obtaining the evidence is outweighed by the significance and probative value of the evidence.

Court Disposition

Evidence admitted except in certain identified respects.

Orders

  • ['Conversation recorded on 4 November 2014 admitted into evidence except for specific passages as discussed and agreed upon by counsel.']