Victor v Noonan

In the case of Victor v Noonan, the appellant, Gail Sandra Victor, appealed against her conviction by the Magistrates Court of Western Australia for using a listening device to record a private conversation, in contravention of s 5(1)(b) of the Surveillance Devices Act 1998 (WA). The Supreme Court of Western Australia heard the appeal and allowed it on the basis that there were reasonable grounds for believing that the use of the listening device was in the public interest, as provided for in s 26(1) of the Act. The Court found that the magistrate had made an error in not considering whether the use of the listening device was reasonably necessary for the protection of the appellant's lawful interests, as provided for in s 5(3)(d) of the Act. However, the Court dismissed the ground of appeal on the basis that the error did not occasion a substantial miscarriage of justice. The Court granted an extension of time for the appellant to appeal, allowed the application to adduce additional evidence in part, and set aside the decision of the Magistrates Court, entering a verdict of not guilty and a judgment of acquittal in respect of the offence.