R v Xie (No 20)

The defendant, Xie, was convicted of drug trafficking offences and appealed against conviction. The central issue before the court was whether certain evidence was improperly admitted at trial. Specifically, the court needed to determine whether covertly recorded conversations between Xie and an undercover officer were admissible, and if so, whether they could amount to evidence of consciousness of guilt and/or admissions under section 85 of the Evidence Act. The court was also required to consider whether the evidence should have been excluded under sections 90, 135 and 137 of the Evidence Act.

The court held that the evidence was properly admitted and could be considered as evidence of consciousness of guilt and/or admissions. The court found that the undercover officer's recordings were not obtained by means of oppression, breach of privacy, or untruthfulness, and therefore did not fall within the scope of section 135 or 137 of the Evidence Act. The court also rejected the argument that the evidence should be excluded on the basis that it was unfair to the defendant. The court held that the probative value of the evidence outweighed any potential prejudice to the defendant. The court found that the recordings provided compelling evidence of Xie's guilt and that the admissions made during the conversations were relevant to the charges against him.

The appeal was dismissed. The court held that the trial judge had not erred in admitting the evidence, and that the jury was properly directed on the relevance and weight to be given to the evidence. The convictions were therefore upheld.