R v Davis and Quinn (No 6) [2020] NSWSC 1888

Supreme Court New South Wales

Medium Neutral Citation: R v Davis and Quinn (No 6) [2020] NSWSC 1888 Hearing dates: 6 December 2020 Date of orders: 17 December 2020 Decision date: 17 December 2020 Jurisdiction: Common Law Before: N Adams J Decision: Mr Davis is permitted to rely upon the ERISP of his co-offender, Hannah Quinn, in his case under s 65(8) of the Evidence Act 1995 (NSW). Catchwords: CRIMINAL LAW – murder – joint criminal enterprise - self-defence – excessive self-defence – use of ERISP of one accused in the case of another – consideration of relevant provisions of the Evidence Act – potential prejudice to the Crown case Legislation Cited: Evidence Act 1995 (NSW), 17(3), s 65, s 81, s 83, s 84(1), s 85(2), ss 87-89A, s 90, s 135(a), s 137 Category: Procedural and other rulings Parties: Regina (Crown) Blake Davis (Accused) Hannah Quinn (Accused) Representation: Counsel: Mr C Taylor (Crown) Ms M Cunneen SC (Accused Davis) Mr T Hughes (Accused Quinn)

Solicitors: Solicitor for Public Prosecutions (Crown) Bannisters Lawyers (Accused Davis) Korn MacDougall Legal (Accused Quinn) File Number(s): 2018/249752; 2018/248991

Judgment 1. On 17 December 2020 I ruled that Mr Davis was permitted to rely upon the ERISP of his co-offender, Hannah Quinn, in his case under s 65(8) of the Evidence Act 1995 (NSW). I indicated at that time that I would provide my reasons at a subsequent time. 2. These are my reasons for making the ruling on evidence I did at that time.