R v Constantinos RIGANIAS [2009] NSWDC 216

Reported Decision : 9 DCLR (NSW) 235

New South Wales District Court

CITATION: R v Constantinos RIGANIAS [2009] NSWDC 216

HEARING DATE(S): 12 August 2009

JUDGMENT DATE: 12 August 2009

JURISDICTION: Criminal

JUDGMENT OF: Berman SC DCJ

DECISION: Evidence will be admitted.

CATCHWORDS: Criminal Law - Judgment - Admissibility of evidence - Recorded telephone conversation - Reasonably necessary to record evidence to protect lawful interests.

LEGISLATION CITED: Evidence Act 1995 Listening Devices Act 1984

CASES CITED: Sepulveda v Regina [2006] NSW CCA 379

PARTIES: The Crown Constantinos Riganias

FILE NUMBER(S): DC 08/11/1362

COUNSEL: K McKay - The Crown M Gelbert - Accused

SOLICITORS: NSW DPP Legal Aid Commission

JUDGMENT

1 HIS HONOUR: The accused is facing trial now on an indictment containing thirty-two counts. The proceedings are at a stage where we are part way through the evidence in chief of the first Crown witness. A juror was unexpectedly taken ill at the morning tea adjournment, and so in order to usefully occupy court time and minimise inconvenience to the jury later down the track, I have heard an application by the Crown concerning the admissibility of some evidence. The Crown contends that it is admissible, Mr Gelbert who appears for the accused, says it is not.

2 The accused is alleged to have obtained money from a number of different people, by deceiving them as to what was going to happen with the money. The Crown case is that the accused told each of the people that the money would be invested in a particular residential property development at Pyrmont. Exhibit 1 is a number of charts prepared by a forensic accountant which demonstrates where the money actually went.