| Do Not Send for Reporting | ||
| IN THE SUPREME COURT OF VICTORIA | Not Restricted | |
AT MELBOURNE
CRIMINAL DIVISION
No. 1464 of 2002
| QUEEN |
| v |
| LORENZO FAVATA |
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JUDGE: | Teague J | |
WHERE HELD: | Melbourne | |
DATE OF HEARING: | 15 September - 20 October 2003 | |
DATE OF RULING: | 22 September 2003 | |
DATE OF REASONS: | 23 January 2004 | |
CASE MAY BE CITED AS: | R v Lorenzo Favata | |
MEDIUM NEUTRAL CITATION: | [2004] VSC 7 | 1st Revision - 7 September 2004 |
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Criminal Law - Ruling - Murder - Evidence - Admissions - Voluntariness - Discretion to exclude - Secretly recorded conversations - Police Deception - Considerations relevant to admissibility - Reliability - Right to silence s. 464 of Crimes Act
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APPEARANCES: | Counsel | Solicitors |
| For the Crown | Mr B. Kayser | Office of Public Prosecutions |
| For the Accused | Mr L. Hartnett | Patrick D Dwyer |
HIS HONOUR:
This revised version of the ruling is currently the subject of a suppression order made by Teague J on 7 September 2004, to operate until 31 December 2005 or further order. For the names of undercover police operatives, the initials "XX", "YY" and "ZZ" have been substituted.
Before the trial of Lorenzo Favata, charged with the murder of Samuel Macumber on or about 1 April 1999, I was asked to rule as to the admissibility of certain confessional material that the prosecution wanted to lead, and that the accused wanted excluded. In the course of a series of conversations, the accused had made statements referring to a murder. The conversations were recorded. That was not known to the accused at the time. The conversations were with undercover policemen who used the names ZZ and YY. I heard evidence on the voir dire from ZZ and YY and from three other police officers, and a psychologist, Elizabeth Warren. XX, YY and ZZ were in 2001, members of the Victorian Police Undercover Unit. Detective Senior Constable Leigh Smyth was then with the Homicide Squad. Sergeant White (who was not called to give evidence on the voir dire) and Detective Senior Constable Peter McLean were, at relevant times, stationed at the Northcote Police Station. On the voir dire, a number of exhibits were tendered. They included videotapes and audiotapes of the conversations and of formal interviews of the accused by Smyth that preceded and followed the conversations. After the evidence had been led and I had heard argument from Mr Kayser, prosecuting, and Mr Hartnett for the accused, I ruled that the material should not be excluded as having been involuntarily made or on discretionary grounds. I said I would provide my reasons later. These are the reasons.
On the afternoon of Friday 2 April 1999, the body of the deceased was found in his unit located at the corner of Centre Road and Rayhur Street, Clayton. Investigation of the scene revealed a lot of blood and two blood stained knives nearby. The unit had been ransacked. There were bloodstains of various kinds in different places, including on the patio outside the front…
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- R v Favata [2004] VSC 7
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- [2004] VSC 7
- Decision Date
CaseChat Overview and Summary
The legal issues before the court included whether the evidence obtained through police deception should be excluded under the discretion provided by section 464 of the Crimes Act and whether the evidence was reliable enough to be admitted. The court had to balance the right to silence, the admissibility of evidence obtained through deception, and the reliability of the evidence. The court also needed to consider whether the probative value of the evidence outweighed any prejudicial effect it might have on the appellant.
The court found that the evidence, while obtained through deception, was reliable and should not be excluded. The court considered that the secret recording was a necessary investigative technique in the context of the case, and the probative value of the recordings outweighed any potential prejudice. The court held that the evidence was properly admitted, and the appellant's conviction was upheld. The court noted that the considerations relevant to the admissibility of such evidence included the reliability of the evidence, the necessity of the investigative technique, and the rights of the accused.
The final orders of the court affirmed the conviction and sentence of the appellant, Favata. The court dismissed the appeal, finding that the trial judge had correctly admitted the evidence and that the conviction was safe and satisfactory. The court's decision emphasised the importance of balancing the rights of the accused with the need for reliable evidence in serious criminal cases.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
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Ratio Decidendi
Legal Principle Established
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