Collins v The Queen [2012] VSCA 163 (30 July 2012)

http://www.austlii.edu.au/au/cases/vic/VSCA/2012/163.html

CRIMINAL LAW – Conviction – Two counts of murder – Admissibility of conversations covertly recorded in prison – Discretion to exclude evidence on basis of unfairness and/or public policy grounds – R v Swaffield [1998] HCA 1; (1998) 192 CLR 159; Tofilau v The Queen [2007] HCA 39; (2007) 231 CLR 396; Em v The Queen [2007] HCA 46; (2007) 232 CLR 67 referred to – Judge’s factual findings open – Evidence properly admitted – Appeal dismissed.

CRIMINAL LAW – Sentence – Two counts of murder – Life imprisonment with non-parole period of 32 years – Not manifestly excessive – Judge had proper regard to appellant’s age and principles relating to ‘crushing sentences’ – Offences correctly described as ‘worst category’ – Relevance of restrictive prison conditions – Appeal dismissed.