澳大利亚一名男子因强奸妻子被判有罪，其中关键证据是妻子2019年秘密录制的音频，录音中该男子承认对她进行了性侵。[1]该男子随后上诉至最高法院，要求排除这段录音证据，但最高法院驳回上诉，裁定录音合法且可作为证据采纳。[1]最高法院认为"受害人用手机进行秘密录音对保护其合法权益是合理必要的"。[1]
南澳地方法院陪审团于2023年裁定该男子2项强奸罪成立，另外2项无法达成裁决。[1]他被判最高监禁9年6个月，假释期5年。[1]首席大法官斯蒂芬·盖格勒及米歇尔·戈登、西蒙·斯图尔特、杰恩·贾戈特和罗伯特·比奇-琼斯法官一致同意该判决。[1]
An Australian man has been found guilty of raping his wife, with a secret recording proving instrumental in his conviction. [1] The man was convicted on two counts of rape in 2023 after his wife recorded him admitting to the crimes. [1] In the recording made in 2019, he acknowledged beginning sexual relations with her while she slept and confessed to sexually assaulting her. [1]
The South Australian District Court jury found him guilty on two rape charges, though they could not reach a verdict on two additional charges. [1] He was sentenced to a maximum of nine years and six months imprisonment with a non-parole period of five years. [1]
The defendant appealed to the Supreme Court seeking to exclude the recording as evidence. The Supreme Court rejected the appeal, upholding the recording's legality and its acceptance as evidence in the case. [1] The court determined that the wife's secret recording on her mobile phone was "reasonable and necessary" for protecting her legitimate interests. [1] Chief Justice Stephen Gageler and Justices Michelle Gordon, Simon Stewart, Jayne Jagot, and Robert Beech-Jones unanimously agreed with this decision. [1]