VRT Criminal Team Successfully Argue Against Surveillance Device Being Used Against Client
Updated: Feb 6
Vizzone Ruggero Twigg Lawyers Criminal Law team headed by John Vizzone and Isabelle Worrad had a significant victory at Waverley Local Court recently when it successfully argued against a secret voice recording being used against a client in a charge of intimidation.
In the case, the alleged victim secretly recorded the defendant during an argument.
The victim then went to the Police station saying that she was scared for her safety.
However, VRT Lawyers successfully argued that the voice recording was inadmissible because it was an illegal recording pursuant to the Surveillance Devices Act and there was no acceptable reason why the Court should excuse the illegal behaviour. It was open to the victim to call the Police to take action and the victim can always give evidence of what was said orally to both the Police or the Court.
The Magistrate agreed with VRT Lawyers' argument.
The matter proceeded with the victim giving oral evidence as to what was said in the argument.
It was argued by VRT Lawyers that it was simply an argument and there were no threatening words said.
Once again the Magistrate agreed.
While domestic violence is a serious issue (we act for persons on both side of the "fence") it is important to note that not all incidents or arguments are criminal offences or amount to domestic violence offences.
For this reason it is important that if you are accused of such an offence that you get legal advice as soon as possible.
Should you wish require legal assistance from our criminal law team contact us today.