Using a Listening Device DPP v SH

Key Words: using or installing a recording device – section 7 Surveillance Devices Act 2007section 12 Crimes (Sentencing Procedure) Act 1999

Facts:

SH pleaded guilty in the Local Court to a charge of using or installing a recording device, listening to conversations which he was not a party pursuant to section 7(1)(a) of the Surveillance Devices Act 2007.

The circumstances of the offence were that he had placed a small listening device in a person’s bedroom for a period of several days.  The Magistrate in the Local Court sentenced SH to a period of 2 yrs and set a non-parole period of 18 months.

SH appealed against the decision to the District Court.

Outcome:

On appeal, the sentence imposed by the sentencing magistrate was quashed.  SH was resentenced after submissions emphasising his good prospects of rehabilitation, the circumstances of the offence and the absence of criminal history. The District Court imposed a suspended sentence of imprisonment of 12 months in accordance with the provisions of section 12 Crimes (Sentencing Procedure) Act.