R v Jones & Ors (No4) [2007] NSWSC 1154

New South Wales Supreme Court

CITATION : R v Jones & Ors (No4) [2007] NSWSC 1154

JUDGMENT DATE : 4 April 2007

JUDGMENT OF : Buddin J

DECISION : Objection upheld.

CATCHWORDS : Objection to parts of lawfully intercepted telephone conversations

CASES CITED : R v Blick (2000) 111 A Crim R 326

PARTIES : Regina Adam Jones

FILE NUMBER(S) : SC 2006/2009

COUNSEL : J Pickering (Crown) D Price (Adam Jones) (Accused)

SOLICITORS : S Kavanagh (Solicitor for Director of Public Prosecutions) Conaghan Hunter P/L (Adam Jones)

IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

BUDDIN J

4 April 2007

2006/2009 - Regina v Adam JONES 2006/2010 - Regina v Samuel JONES 2006/2011 - Regina v Elizabeth Jean JONES 2006/2012 - Regina v Lydia JONES 2006/2007 - Regina v Adam Samuel JONES

JUDGMENT - (No 4) Objection to parts of recorded conversations between Ellen Smith and Adam Jones on 20 October 2005

1 His Honour: I have previously overruled an objection made on behalf of the accused Adam Jones Jnr concerning the admissibility of two phone conversations (between him and his wife, Ellen Smith) which were recorded by way of a listening device. I have been informed that in consequence of that ruling, counsel for Adam Jones Jnr and the Crown have agreed to edit out two separate portions of those conversations. They cannot however agree about one other aspect of the conversation which accordingly falls to me to determine.

2 The part of the conversation which is in dispute is in the following terms: "Ellen Smith: You'll have a hard job to do anything because if the gavvers get hold of you, you're going down for a very long time.