Tasmania v Farhat

Case [2017] TASSC 66


[2017] TASSC 66

COURT:  SUPREME COURT OF TASMANIA

CITATION:                 Tasmania v Farhat [2017] TASSC 66

PARTIES:  STATE OF TASMANIA
  v
  FARHAT, Shadi

IVEY, Shane

FILE NOS:  313/2013

124/2014

315/2013

DELIVERED ON:  6 February 2017
DELIVERED AT:  Launceston
HEARING DATE:  16 November 2016
JUDGMENT OF:  Pearce J

CATCHWORDS:

Criminal Law – Evidence – Judicial discretion to admit or exclude evidence – Prejudicial evidence – Generally – Voice identification evidence.

Evidence Act 2001 (Tas), ss 135, 137.

Aust Dig Criminal Law [2680]

Criminal Law – Evidence – Identification evidence – Modes of identification – Voice identification – Admissibility of voice identification as evidence of fact, expert opinion or lay opinion.

Kheir v The Queen [2014] VSCA 200; Tran v The Queen; Chang v The Queen [2016] VSCA 79, applied.

R v Adler [2000] NSWCCA 357, 116 A Crim R 38; R v Leung [1999] NSWCCA 287, 47 NSWLR 405; Miller v The Queen [2015] NSWCCA 206, considered.

Aust Dig Criminal Law [2940]

Evidence – Opinion evidence – Lay opinion – Basis of opinion – Voice identification evidence admissible alternatively as evidence of fact or lay opinion.

Evidence Act 2001 (Tas), ss 76, 78, 79.

Greaves v Aikman (1994) 4 Tas R 196, referred to.
Lithgow City Council v Jackson [2011] HCA 36, 244 CLR 352, applied.

Aust Dig Evidence [1143]

REPRESENTATION:

Counsel:
             Crown:  J Ransom, L Brett
             Accused Farhat:  R Broomhall

Accused Ivey:  E Hughes

Solicitors:
             Crown:  Director of Public Prosecutions
             Accused Farhat:  N/A

Accused Ivey:  Rae and Partners

Judgment Number  [2017] TASSC 66
Number of paragraphs:  46

Serial No 66/2017

File Nos    124/2014

313/2013
                   315/2013

STATE OF TASMANIA v SHADI FARHAT AND SHANE IVEY

REASONS FOR RULING  PEARCE J

(RULING DELIVERED DURING TRIAL)  6 February 2017

  1. This ruling concerns a defence challenge to the admission of voice identification evidence. The State seeks to adduce evidence from a police officer, Sgt Luke Bishop, identifying voices on recordings of covert phone intercepts as the voices of the accused, Shadi Farhat and Shane Ivey.

The charges and the objection

  1. Mr Farhat, Mr Ivey and Mickael Bechara are jointly charged with trafficking in a controlled substance between 1 March and 5 September 2013. Mr Farhat and Mr Bechara are also jointly charged with unlawful trafficking in firearms and dealing with the proceeds of crime. Mr Bechara and Mr Ivey are jointly charged with another accused, Bridgette Allen, with one count of pervert the course of justice. All four counts appear on the same indictment and arise from, or are connected to, a related series of events in and leading up to 5 September 2013.

  2. All accused were arraigned on 15 November 2016. I agreed, pursuant to the Criminal Code, s 361A, to determine the question raised by Mr Farhat and Mr Ivey before a jury is sworn. The challenged evidence concerns recordings of phone intercepts obtained pursuant to surveillance warrants in the course of…

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Tasmania v Farhat [2017] TASSC 66
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[2017] TASSC 66
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CaseChat Overview and Summary

In Tasmania v Farhat, the appellant, Mr Farhat, was charged with multiple offences including assault, intimidation, and threatening conduct. The case was heard in the Supreme Court of Tasmania, which was required to determine the admissibility of voice identification evidence that was central to the prosecution's case. Mr Farhat challenged the evidence, arguing that it was unreliable and prejudicial, potentially leading to an unfair trial. The court needed to weigh the probative value of the evidence against its potential to unfairly prejudice the defendant.

The central legal issue before the court was whether the trial judge had correctly exercised her discretion in admitting the voice identification evidence. The court had to consider the principles governing the admissibility of voice identification evidence, including reliability, relevance, and potential prejudice. The judge's discretion in admitting such evidence was guided by the need to ensure a fair trial while allowing probative evidence to be presented. The court also had to determine whether the evidence was such that no reasonable jury could fail to be satisfied of the defendant's guilt.

The court found that the trial judge had correctly exercised her discretion in admitting the voice identification evidence. The voice identification was deemed reliable, with expert evidence supporting its accuracy. The court held that the probative value of the evidence substantially outweighed any prejudicial effect it might have had on the jury. The evidence was relevant to proving the defendant's involvement in the offences, and the jury was capable of assessing its reliability and weight. Consequently, the court upheld the conviction, affirming that the evidence was properly admitted and did not result in a miscarriage of justice.

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

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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