W K v The Queen [2011] VSCA 345 (30 November 2011)

http://www.austlii.edu.au/au/cases/vic/VSCA/2011/345.html

CRIMINAL LAW – Trial – Attempt to procure act of penetration by threats – Interlocutory appeal – Evidence – Admissibility – Pretext conversation – Complainant recorded conversation with accused at request of police – Use of recording device provided by police – Whether recording unlawful – Whether device ‘used’ by complainant or by requesting officer – Whether evidence should have been excluded in exercise of discretion – Recording not unlawful – No error in decision to admit evidence – Leave to appeal refused – Crimes Act 1958 (Vic) s 57(1) – Surveillance Devices Act 1999 (Vic) ss 6, 11; Evidence Act 2008 (Vic) ss 90, 138; Charter of Human Rights and Responsibilities Act 2006 (Vic) ss 13(a), 32(1).

WORDS AND PHRASES – ‘Use’, ‘install’, ‘maintain’.