R v Diallo and Ors (No 13) [2024] NSWSC 1088

Supreme Court New South Wales

Medium Neutral Citation: R v Diallo and Ors (No 13) [2024] NSWSC 1088 Hearing dates: 21 August 2024 Date of orders: 26 August 2024 Decision date: 26 August 2024 Jurisdiction: Common Law Before: Hamill J Decision: The evidence of the telephone intercept of 19 January 2022 commencing at 14:02:00 is inadmissible. Catchwords: EVIDENCE – telephone intercept – conversation between 17-year-old accused and his sister – consciousness of guilt – accused musing as to the prospects of being sent to gaol – where accused charged with affray in which another young person was killed – accused subsequently charged with murder – intractable neutrality – evidence excluded Cases Cited: R v Brooks [2017] NSWSC 188 R v Diallo & Ors (No 2) [2024] NSWSC 853 R v Diallo & Ors (No 4) [2024] NSWSC 882 R v Diallo & Ors (No 6) [2024] NSWSC 917 R v Hawkins (No 10) [2020] NSWSC 1931 R v White [1998] 2 SCR 72 Steer v R [2008] NSWCCA 295; (2008) 191 A Crim R 435 The Queen v Baden-Clay (2016) 258 CLR 308; [2016] HCA 35 Category: Procedural rulings Parties: Rex (Prosecution) Ibrahima Diallo (Defendant) AG (Defendant) AD (Defendant) Panashe Morgan Ryan Karise (Defendant) Representation: Counsel: E Balodis (Rex) R Wilson SC (Diallo) M Avenell SC (AG) B Robinson (AD) M Smith (Karise)