R v Rogerson; R v McNamara (No 31) [2016] NSWSC 195

Supreme Court New South Wales

Medium Neutral Citation: R v Rogerson; R v McNamara (No 31) [2016] NSWSC 195 Hearing dates: 4 March 2016; 11 March 2016; 24 March 2016 Date of orders: 29 March 2016 Decision date: 29 March 2016 Jurisdiction: Common Law Before: Bellew J Decision: See [40] Catchwords: CRIMINAL LAW – Evidence – Privilege – Conversation between accused and daughter whilst accused in custody – Where accused asked daughter to convey instructions to his solicitor – Where conversation monitored by authorities – Whether the communication was a confidential communication – Whether the dominant purpose of the conversation was the provision of relevant legal services – Whether any privilege was lost – Whether accused knowingly and voluntarily disclosed the substance of the conversation in light of his knowledge of the fact that the conversation would be monitored and/or recorded

WORDS AND PHRASES – "knowingly and voluntarily" Legislation Cited: Evidence Act 1995 (NSW) Cases Cited: Asahi Holdings (Australia) Pty Ltd v Pacific Equity Parties Pty Ltd [2013] FCA 998 Boensch v Pascoe [2007] FCA 532 Esso Australia Resources Ltd v Federal Commission of Taxation [1999] HCA 67; (1999) 201 CLR 49 Federal Commissioner of Taxation v Spotless Services Ltd (1996) 186 CLR 404 Re Griffin (1887) 8 LR (NSW) 132 R v Braham and Mason [1976] VR 547 R v Sharp [2003] NSWSC 1117; (2003) 143 A Crim R 344 Sovreign Motor Inns Pty Ltd v Bevillesta Pty Ltd [2000] NSWSC 521 Sparnon v Apand Pty Ltd (1996) 68 FCR 322 State of NSW v Jackson [2007] NSWCA 279 Sydney Airports Corporation Ltd v Singapore Airlines Ltd & Qantas Airways Ltd [2005] NSWCA 47 Tabcorp Holdings Ltd v Victoria [2013] VSC 302 Westpac Banking Corp v 789 TEN Pty Ltd [2005] NSWCA 321 Texts Cited: Cross on Evidence (Lexis Nexis) – The Hon J.D. Heydon QC Category: Procedural and other rulings Parties: Regina – Crown Roger Caleb Rogerson - Accused Glen Patrick McNamara – Accused Representation: Counsel: Mr C Maxwell QC - Crown Mr G Thomas – Accused Rogerson Ms K Shead – Accused McNamara