Regina v DALTON [2005] NSWSC 137

Regina v DALTON [2005] NSWSC 137

Despite inadvertent criminality and lack of proper authorisation under the Law Enforcement (Controlled Operations) Act 1997, the probative value and importance of the evidence outweighed any impropriety. Police conduct was not deliberately improper and did not adversely affect the integrity of justice. Evidence from undercover operation was admissible.

Jurisdiction
Australia
Judgment Date
15 December 2004
Procedural Posture
Criminal / Voir Dire; Pre Trial Evidentiary Ruling
Outcome
evidence admitted
Legal Topics
['incitement' 'admissibility of Evidence' 'controlled Operations' 'police Conduct' 'accessory Liability']
['criminal Law'] ['incitement' 'admissibility of Evidence' 'controlled Operations' 'police Conduct' 'accessory Liability']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Criminal / Voir Dire; Pre Trial Evidentiary Ruling

Legal Issues

  1. 1 ['Whether undercover police conduct rendered evidence inadmissible under s138 Evidence Act 1995' 'Whether officers were criminally implicated and whether Law Enforcement (Controlled Operations) Act 1997 should have applied' 'Whether accused was pressured or manipulated into incitement']

Ratio Decidendi

Despite inadvertent criminality and lack of proper authorisation under the Law Enforcement (Controlled Operations) Act 1997, the probative value and importance of the evidence outweighed any impropriety. Police conduct was not deliberately improper and did not adversely affect the integrity of justice. Evidence from undercover operation was admissible.

Court Disposition

evidence admitted

Orders

  • ['Evidence of incriminating conversations between accused and Archer and Stewart is admissible.']