DPP v Kamal Nakhla [2006] NSWSC 781

New South Wales Supreme Court

CITATION : DPP v Kamal Nakhla [2006] NSWSC 781 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S) : 13 June 2006

JUDGMENT DATE : 4 August 2006

JUDGMENT OF : Latham J at 1

DECISION : The order made at Hornsby Local Court on 9 September 2005 dismissing a charge of Maliciously Destroy or Damage Property against the defendant is set aside; The Magistrate erred in law as to the proper construction and application of the Listening Devices Act 1984; The proceedings are remitted to Hornsby Local Court to be heard and determined according to law; The defendant is to pay the plaintiff's costs in these proceedings. The costs are to be paid to the registrar of the Downing Centre Local Court within two months of the receipt by the defendant of the bill of costs by the Director of Public Prosecutions. A certificate under s 6 of the Suitors Fund Act 1951 is granted to the defendant.

CATCHWORDS : Appeal from Local Court alleging errors in construction of Listening Devices Act 1984 - whether visual images from video tape admissible where prosecution not relying upon conversation captured by video recording device.

Crimes (Local Courts Appeal and Review) Act 2001 LEGISLATION CITED : Listening Devices Act 1984 Suitors Fund Act 1951

R v Le (2004) 60 NSWLR 108 ; [2004] NSWCCA 82 R v Eade (2000) 118 A Crim R 449; [2000] NSWCCA 369 CASES CITED : Marsden v Amalgamated Television Services Pty Ltd [2000] NSWSC 465 Amalgamated Television Services Pty Ltd v Marsden [2000] NSWCA 167 Violi v Berridale Orchards Ltd [2000] FCA 797