Regina v John Ibrahim [2006] NSWDC 6

New South Wales District Court

CITATION: Regina v John Ibrahim [2006] NSWDC 6

HEARING DATE(S): 20th February 2006 - 23 February 2006

JUDGMENT DATE: 31 March 2006

JUDGMENT OF: Finnane QC DCJ

DECISION: There was impropriety of such a type that the evidence should be excluded.

CATCHWORDS: Evidence - Admissibility - Improperly obtained evidence - Controlled Operations - Impropriety - Illegally obtained evidence which could have been obtained legally - Listening devices - Recorded conversations

LEGISLATION CITED: Evidence Act 1995 Law Enforement (Controlled Operations) Act 1997

CASES CITED: Ridgeway v The Queen (1995) 184 CLR 19 Robinson v Woolworths Limited [2005] NSWCCA 426

PARTIES: Regina John Ibrahim

FILE NUMBER(S): 05/11/0361

COUNSEL: Ms S Bowers (Crown) Ms E Fullerton SC (Accused)

SOLICITORS: C Tobler (Crown) Galloways Solicitors & Attorneys (Accused)

JUDGMENT

Introduction.

1 The interest to maintaining confidence in the proper administration of justice requires from time to time that evidence of criminal activities not be permitted to be given in court. In some cases, and this is one, the exclusion of evidence could mean that the Crown has no case to present.

2 The New South Wales Parliament has provided by legislation a means by which police and other law enforcement authorities may obtain consent to engage in operations, called "controlled operations", which involve illegal conduct on the part of the participants. The clear purpose of that legislation is to provide a means of conducting police operations within the law, although without that authority, police conduct would be unlawful.