Toth v Director of Public Prosecutions (NSW) [2014] NSWCA 133 is an unusual case report, relating to a visit by Mr Toth to a general practitioner which the patient recorded using a concealed video recorder in the shape of a pen. He was later charged with an offence under the Surveillance Devices Act 2007 (NSW), for the use of a listening device to audio record a private conversation to which he was a party.

Sadly the case is silent as to why the recording was made and how it later came to light, giving rise to a prosecution. 

The appeal by Mr Toth against his earlier conviction was dismissed.

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