A trial judge's failure to fully explain the s 138 Evidence Act pathway to admissibility of unlawfully recorded evidence to a self-represented accused does not give rise to a miscarriage of justice where the content of the recordings is not materially relevant to any issue at trial. The duty to assist a self-represented accused does not extend to evidence the trial judge does not know about. Recordings made by a third party using a mobile phone held next to a landline speaker contravene s 7 of the Surveillance Devices Act 2007 (NSW) where the recorded party has not consented.
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