Criminal practice – Admissibility of evidence – Sexual offences – Where complainant was appellant's wife – Where complainant made covert recording without appellant's knowledge – Where appellant admitted to previously sexually assaulting complainant while she was asleep in covert recording – Where complainant made covert recording to remind herself not to resume relationship with appellant and risk being further sexually assaulted – Whether covert recording admissible – Whether covert recording reasonably necessary for protection of complainant's lawful interests.
Words and phrases – "bodily autonomy", "bodily integrity", "covert recording", "discretionary exclusion", "evidence", "lawful interests", "legal right, title, duty or liability", "legitimate interests", "listening device", "personal privacy", "private conversation", "protection", "qualified privilege", "reasonably appropriate and adapted", "reasonably necessary", "surveillance device", "unlawfully obtained".
Listening and Surveillance Devices Act 1972 (SA), ss 3, 4, 7.
Surveillance Devices Act 2016 (SA), ss 3, 4, 6, 9, 12.
