R v Haddad & Treglia

The case of R v Haddad & Treglia involved the Crown appealing an interlocutory judgment or order, pursuant to the Criminal Appeal Act 1912. The Crown sought to admit evidence obtained through a listening device, which the trial judge had excluded under s138 of the Evidence Act 1995. The primary legal issue was whether the evidence obtained using the listening device was admissible, considering it was obtained in contravention of the Listening Devices Act 1984. Specifically, the court needed to determine whether the failure to report evidence of a different offence constituted a contravention of the Act, thereby rendering the evidence inadmissible.

The court found that the evidence obtained via the listening device was inadmissible as it was obtained in contravention of the Listening Devices Act 1984. The trial judge held that Detective Gordon was required to report to an eligible judge under s19 of the Act, detailing the use of the listening device and any evidence obtained. Detective Gordon's report was limited to the murder inquiry and did not include the conversations regarding the armed robbery. The court emphasised the importance of full and proper reporting under s19 to allow an eligible judge to exercise their discretion under s20 of the Act. The failure to report as required by the Act tainted the acquisition of the evidence with illegality, leading the court to conclude that the evidence obtained was inadmissible.