R v L Cassar; R v E Sleiman (Judgment No 27) [1999] NSWSC 650

New South Wales Supreme Court CITATION : R v L Cassar; R v E Sleiman (Judgment No 27) [1999] NSWSC 650 CURRENT JURISDICTION : Criminal FILE NUMBER(S) : 70036/98; 70216/98 HEARING DATE(S) : 30/04/99 JUDGMENT DATE : 9 July 1999

PARTIES : Regina v Leanne Cassar; Regina v Emad Sleiman JUDGMENT OF : Sperling J

For Crown: M L Barr COUNSEL : For Accused Leanne Cassar: D N Stewart For Accused Emad Sleiman: K G Horler AM QC For Crown: F Gray (DPP NSW) SOLICITORS : For Accused Leanne Cassar: John Bettens & Co For Accused Emad Sleiman: Ross Hill & Associates CATCHWORDS : EVIDENCE - confessional evidence - the unfairness discretion - infringement of right to silence - limitations on police inquisitorial functions - Judges' Rules - when the "accusatory stage" of police investigations is reached. ACTS CITED : Evidence Act 1995, ss 90 & 138(1) CASES CITED : Bunning v Cross (1978) 141 CLR 54; Duke (1989) 180 CLR 508; Lee (1950) 82 CLR 133; O'Neill (1995) 81 A Crim R 458; Swaffield and Pavic (1997-8) 151 ALR 98; Van Der Meer (1988) 35 A Crim R 232. DECISION : Evidence admitted in part.

IN THE SUPREME COURT OF NEW SOUTH WALES CRIMINAL DIVISION

SPERLING J Friday 9 July 1999 70036/98 Regina v Leanne Cassar 70216/98 Regina v Emad Sleiman JUDGMENT NO. 27 HIS HONOUR: 1 This judgment provides my reasons for allowing the tender by the Crown of covertly recorded conversations between the accused Mr Sleiman and Miss Cassar at their flat at 8/42 Newman Street, Merrylands, and between them and other persons on the telephone from the flat. 2 The tape recordings of the conversations became Exhibit AO and a transcript of the conversations became Exhibit AP. The conversations all occurred in December 1997.