R v Hawkins (No 2) [2020] NSWSC 1331

Supreme Court New South Wales

Medium Neutral Citation: R v Hawkins (No 2) [2020] NSWSC 1331 Hearing dates: 14 & 17 September 2020 Date of orders: 17 September 2020 Decision date: 29 September 2020 Jurisdiction: Common Law Before: Lonergan J Decision: The identified portions of the gaol calls between the accused and Scott Woodward on 22 and 24 March 2020 may not be led and may not be admitted into evidence. Catchwords: CRIMINAL LAW – evidence – phone calls from gaol – assessment of probative value – assessment of prejudicial effect – danger of misuse of evidence – evidence excluded Legislation Cited: Evidence Act 1995 (NSW) Cases Cited: --- Category: Procedural and other rulings Parties: Regina (Crown) Daniel Mark Hawkins (Accused) Representation: Counsel: G Turner (Crown) N Steel (Accused)

Solicitors: Director of Public Prosecutions (NSW) (Crown) Zhai & Associates Lawyers (Accused) File Number(s): 2018/378301 Publication restriction: Nil

Judgment 1. An issue has arisen as to the admissibility of part of the contents of two phone calls made by the accused in March 2020 to his friend Scott Woodward. 2. The defence seeks a preliminary ruling on the issue, submitting that certain parts of the conversations should be excluded under s 137 of the Evidence Act 1995 (NSW). 3. The Crown presses the option to tender those parts of the calls against the accused, whether the witness Scott Woodhouse is called to give evidence in the trial or not. 4. I ruled that the offending parts of the calls were not admissible. These are my reasons for that ruling.