R v Giannakopoulos & Marzilli

This matter came before the Full Court of the Supreme Court of South Australia by way of a case stated, concerning questions of law reserved by a judge of that court. The case involved criminal proceedings against the appellants, Giannakopoulos and Marzilli, and the central dispute revolved around the admissibility of certain recordings made during an investigation.

The legal issues before the court included whether an offence charged was one known to the law of the Commonwealth, the applicability of South Australian and Commonwealth legislation concerning recordings, and whether the recordings themselves were unlawfully obtained. Specifically, the court was asked to determine if the *LSD Act (SA)* and the *SD Act (Cth)* applied to the investigation and recording of conversations, and if the recordings were made in contravention of these or other legal requirements, such as the need for a warrant.

The court, comprising Kourakis CJ, Vanstone and Kelly JJ, determined that the offence charged in count 1 was indeed an offence known to Commonwealth law. They held that the *LSD Act (SA)* was applicable in its application to the investigation of a State offence by a State police officer, and that the recordings were not unlawful as both parties to the conversations were participants. Similarly, the *SD Act (Cth)* was found to be applicable in its application to the investigation of a Commonwealth offence, and the recordings were not unlawful for non-compliance with this Act. However, the court found that the agreed facts provided an insufficient foundation to answer questions concerning the intentions of certain individuals and the subsequent application of the law, deeming it inappropriate to answer those specific questions.