[2023] TASSC 45
| COURT: | SUPREME COURT OF TASMANIA |
| CITATION: | Tregaskis-Jago v Jones [2023] TASSC 45 |
| PARTIES: | TREGASKIS-JAGO, George Maxwell |
| v | |
| JONES, Jason | |
| FILE NO: | 467/2022 |
| DELIVERED ON: | 17 November 2023 |
| DELIVERED AT: | Hobart |
| HEARING DATE: | 14 November 2023 |
| JUDGMENT OF: | Pearce J |
| CATCHWORDS: |
Magistrates – Appeal and review – Tasmania – Motion to review – Other matters – Appeal against finding of guilt on using a listening device to listen to a private conversation – Finding of guilt reasonably open to the magistrate.
Listening Devices Act 1991
Phillips v Arnold [2009] TASSC 43, 19 Tas R 21, applied.
Aust Dig Magistrates [1349]
REPRESENTATION:
Counsel:
Appellant: F Cangelosi Respondent: E Bill
Solicitors:
Appellant: The Cangelosi Firm Respondent: Director of Public Prosecutions
| Judgment Number: | [2023] TASSC 45 |
| Number of paragraphs: | 26 |
Serial No 45/2023 File No 467/2022
GEORGE MAXWELL TREGASKIS-JAGO v SENIOR SERGEANT JASON JONES
REASONS FOR JUDGMENT PEARCE J
17 November 2023
1 On 7 February 2022 the applicant was found guilty by a magistrate, Mr S Brown, of one count of using a listening device to listen to a private conversation contrary to the Listening Devices Act 1991, s 5(1)(a). His Honour convicted the applicant and imposed a fine of $1,500. The respondent is the police officer who brought the complaint against the applicant. The applicant moves to review the conviction on two grounds:
(a) it was not reasonably open in all the circumstances of the case for the learned magistrate to find the complaint proved against the applicant; (b) it was not reasonably open in all the circumstances of the case for the learned magistrate to find that the applicant had listened to a private conversation.
2 For the following reasons neither ground is made out and the motion must be dismissed.
3 The Act, by its Long Title, is an "Act to regulate the use of certain devices capable of being used for listening to private conversations." Section 5 is entitled "Prohibition on use of listening devices" and provides, by subs (1):
"5 (1) A person shall not use, or cause or permit to be used, a listening device –
(a) to record or listen to a private conversation to which the person is not a party; or (b) to record a private conversation to which the person is a party."
4 The complaint against the applicant alleged that on 24 August 2020, in Launceston, he used a listening device to listen to a private conversation to which he was not a party. It was not alleged that the applicant recorded any conversation. The hearing of the complaint was conducted before the learned magistrate on 24 January 2022. The prosecution evidence consisted of a number of agreed facts, oral testimony of one police officer, and an audio visual recording of a police interview with the applicant conducted on 2 September 2020. The applicant gave evidence in his defence.
5 The relevant conversation took place at the Launceston police station…
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CaseChat Overview and Summary
The primary legal issue the court had to determine was whether the magistrate's finding of guilt was reasonably open given the evidence presented. The court had to assess whether the evidence was sufficient to establish beyond reasonable doubt that the appellant used a listening device for the purpose of eavesdropping on a private conversation. The appellant argued that the evidence was insufficient and that alternative explanations were possible, while the respondent contended that the evidence was clear and the finding was justified.
The court concluded that the evidence provided was sufficient to support the magistrate's finding of guilt. It found that the magistrate had considered all the relevant evidence and was entitled to draw the inference that the appellant used a listening device to eavesdrop. The court determined that the finding of guilt was reasonably open and thus upheld the original decision. The appeal was dismissed, and the conviction was affirmed.
No further orders were made by the court, and the conviction of the appellant stood as decided by the Magistrates Court of Tasmania.
Orders
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