R v Bloodsworth; R v Errington (No 2) [2017] NSWSC 1483

Supreme Court New South Wales

Medium Neutral Citation: R v Bloodsworth; R v Errington (No 2) [2017] NSWSC 1483 Hearing dates: 23 October 2017 Date of orders: 23 October 2017 Decision date: 23 October 2017 Jurisdiction: Common Law - Criminal Before: Adamson J Decision: Evidence of recorded telephone conversations admitted. Catchwords: EVIDENCE – recorded telephone conversations – those conversations which were intercepted with the knowledge of parties not illegally obtained – those conversations which were intercepted without the knowledge of the accused Bloodsworth were illegally obtained – significant probative value in light of proximity of conversations to the acts which caused the death of the deceased – relevance of relationship between the two accused relevant to joint criminal enterprise – evidence admitted

EVIDENCE – alleged danger of unfair prejudice to accused Bloodsworth arising from her request for "crack" – no appreciable prejudice in light of substantial evidence in trial of her drug addiction and the conduct of the accused Errington in supplying her with drugs

STATUTORY INTERPRETATION - Telecommunications (Interception and Access) Act 1979 (Cth) covers the field of telephone interception – application within telephone which records telephone calls from that device constitutes an interception within meaning of Commonwealth Act – no room for operation of Surveillance Devices Act (NSW) Legislation Cited: Evidence Act 1995 (NSW), ss 137 and 138 Listening Devices Act 1969 (NSW) Surveillance Devices Act (NSW), s 7 Telecommunications (Interception and Access) Act 1979 (Cth), ss 6 and 7 Telephonic Communications (Interception) Act 1960 (Cth) Cases Cited: Clyne v Bowman (1987) 11 NSWLR 341 Miller v Miller (1978) 141 CLR 269 Category: Procedural and other rulings Parties: Regina Rhiannon Lisa Bloodsworth (Accused) Trent Errington (Accused) Representation: Counsel: M Hobart SC (Crown) D Price (Accused Bloodsworth) D Carroll (Accused Errington)