R v Charbaji, Azam; Charbaji, Haysem; Jamieson, Lexy May [2016] NSWSC 1862

Supreme Court New South Wales

Medium Neutral Citation: R v Charbaji, Azam; Charbaji, Haysem; Jamieson, Lexy May [2016] NSWSC 1862 Hearing dates: 30 September 2016 Date of orders: 30 September 2016 Decision date: 30 September 2016 Jurisdiction: Common Law - Criminal Before: Rothman J Decision: Evidence admitted as disclosed in reasons. Catchwords: CRIMINAL LAW – admissibility of recorded conversation – alleged impropriety in obtaining recording in circumstances where it is alleged that one participant was an agent of the Police and no warning was given – submission that accused was under influence of self-induced drugs at time and, pursuant to s 85 of the Evidence Act 1995, the conversation should not be admitted – examination of the terms of the recording – conversation admitted except in certain respects. Legislation Cited: Evidence Act 1995 Cases Cited: R v Blackburn [2005] 2 Cr App R 30 R v Crampton (1991) 92 Cr App R 372 R v McGovern (1991) 92 Cr App R 228 Texts Cited: Australian Law Reform Commission, Evidence (Interim) (ALRC Report 26), 1985 Category: Procedural and other rulings Parties: Regina (Crown) Azam Charbaji (Co-accused) Haysem Charbaji (Co-accused) Lexy May Jamieson (Co-accused) Representation: Counsel: M Cunneen SC (Crown) K Chapple SC (Co-accused, Azam Charbaji) M Austin (Co-accused, Haysem Charbaji) M Shaw (Co-accused, Jamieson)

Solicitors: Office of the Director of Public Prosecutions (Crown) Alexander Lawyers (Co-accused, Azam Charbaji) Oxford Lawyers (Co-accused, Haysem Charbaji) Blair Lawyers (Co-accused, Jamieson) File Number(s): 2015/5665; 2015/5907; 2015/26215 Publication restriction: NON PUBLICATION ORDER IN RELATION TO WITNESS CL: THE NAME OF THE WITNESS TO BE CALLED BY THE CROWN, THE ADDRESS OF THE WITNESS TO BE CALLED BY THE CROWN, OR ANY FAMILY OF THE WITNESS OR ANY MATTER THAT WOULD IDENTIFY THE NAME, ADDRESS OR PHONE NUMBER OF THE WITNESS OR HIS FAMILY, WILL NOT BE PUBLISHED AND THE WITNESS SHALL BE REFERRED TO AS CL.