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Slater, Jodie (a Pseudonym) v The Queen [2019] VSCA 213

Victorian Court of Appeal
McLeish and Weinberg JJA and Tinney AJA

Slater, Jodie (a Pseudonym) v The Queen

Judgment Date: 
26 September 2019
CRIMINAL LAW - Interlocutory appeal - Exclusion of improperly or illegally obtained evidence - Evidence Act 2008 s 138 - Vehicle driven by applicant's partner illegally searched - Evidence of search and evidence subsequently obtained against partner ruled inadmissible in proceeding against partner - Telephone calls while partner in custody bringing applicant to attention of police - Search warrant lawfully executed at home of applicant and partner several months after illegal search of vehicle - Investigations into applicant and partner closely entangled - Evidence against applicant obtained at home obtained in consequence of contravention of law - Judge held desirability of admitting evidence outweighed undesirability of admitting evidence obtained in consequence of contravention of law - Whether House v The King (1936) 55 CLR 499 applies to appeal on balancing under s 138 - Whether judge erred in concluding causal link attenuated by remoteness of illegal search from obtaining of evidence - Whether judge erred in treating as irrelevant alleged police attempt to conceal consequences of impropriety or contravention - Tasmania v Crane (2004) 148 A Crim R 346, R v Hunt (2014) 286 FLR 59, applied.