NSW Caselaw
New South Wales District Court
CITATION: R v Vito, Sione Taulata [2008] NSWDC 333
JUDGMENT DATE: 19 December 2008
JURISDICTION: Criminal
JUDGMENT OF: Nicholson SC DCJ
DECISION: Application to exclude evidence is rejected.
CATCHWORDS: Criminal Law - Sexual Assault - Evidence_ Application to exclude "pretext" conversation - Interlocutory Judgment - charges - sexual intercourse without consent (x5) - rural setting - early complaint - early police involvement - distinction between lawful entitlement to arrest and compulsion to arrest - distinction between sole suspect and arrested suspect - pretext phone call to accused initiated by police - purpose - to advance prosecution case - lawfully recorded conversation - complainant speaks to accused - accused unaware of purpose of call or police involvement - admissions made by accused - nature of instructions by police to complainant prior to call - whether conversation amounted to interrogation - relationship between complainant and accused at time of call - no unfairness
Listening Devices Act 1984 LEGISLATION CITED: 2.90, s.137, s138 Evidence Act 1995 Crimes Act 1900 Law Enforcement (Powers and Responsibilities) Act 2002)
Reg v Doolan [1962] Q. L. R. 449 CASES CITED: Em v The Queen (2007) 239 ALR 204 at pp 248-249 Swaffield (1998) 192 CLR 169 at [35] Broyles v The Queen [1991] 3 S.C.R. 595 at [30] per Iacobucci J
PARTIES: Regina Sione Taulata Vito
FILE NUMBER(S): 2007/00009231
COUNSEL: Crown: S. Herbert (Crown Prosecutor) Defence: M. Pickin
JUDGMENT
Application to exclude pretext conversation between Complainant and Accused.
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