Full Court Minute Books

Case S163/2019

Grech v. The Queen

Case No.


Related matter:

S160/2019 – Kadir v. The Queen

Case Information

Lower Court Judgment

30/11/2017 Supreme Court of New South Wales (Court of Criminal Appeal) (Ward JA, Price & Beech-Jones JJ)

[2017] NSWCCA 288


Evidence – Discretionary exclusion – Where evidence obtained improperly or illegally – Evidence Act 1995 (NSW) – Whether the New South Wales Court of Criminal Appeal (“CCA”) erred in finding appealable error in the trial judge’s decision on basis that trial judge did not assess each item of evidence individually – Whether the CCA erred in finding error in trial judge’s finding that s 138 factors governing exclusion of recordings “directly applicable” to other evidence obtained as consequence of illegally obtained recordings – Whether CCA erred in its application of s 138 by failing to apply correctly the onus of proof and taking into account considerations contrary to evidence and failing to take into account material consideration.

Short particulars


17/05/2019 Hearing (SLA, Sydney)

31/05/2019 Notice of appeal

05/07/2019 Written submissions (Appellant)

05/07/2019 Chronology (Appellant)

01/08/2019 Hearing (Single Justice, Sydney)

02/08/2019 Written submissions (Respondent)

23/08/2019 Reply

15/10/2019 Hearing (Full Court, Canberra) (Audio-visual recording)

15/10/2019 Outline of oral argument (Appellant)

15/10/2019 Outline of oral argument (Respondent)

05/02/2020 Judgment (Judgment summary)