A conversation in a doctor's consulting room is a 'private conversation' within s 4(1) of the Surveillance Devices Act 2007 (NSW) where the doctor gives evidence she did not expect the consultation to be overheard and there is no contradictory evidence, notwithstanding that conversations in the reception area could be heard from the consulting room. Procedural fairness in criminal appeals is assessed objectively by reference to whether the party had a sufficient opportunity to present submissions, not by reference to the party's subjective concerns about the judge's attentiveness or the time taken to decide.
The full text is available to signed-in members, including the 17 later cases that cite this judgment.
2 of the 17 citing cases carry a classified treatment. How each court treated it is available to signed-in members.