R v Singh (No 3) [2020] NSWSC 1911

Supreme Court New South Wales

Medium Neutral Citation: R v Singh (No 3) [2020] NSWSC 1911 Hearing dates: 19-21 October 2020 Date of orders: 23 December 2020 Decision date: 23 December 2020 Jurisdiction: Common Law Before: N Adams J Decision: The finding of the steak knife at the crime scene is admissible. Catchwords: CRIMINAL PROCEDURE – application to exclude evidence – steak knife found in laundry – application for DNA procedure – relevance – risk of unfair prejudice – potential for misuse – evidence admissible Legislation Cited: Crimes (Forensic Procedures) Act 2005 (NSW) Evidence Act 1995 (NSW), s 137 Cases Cited: Colby v The Queen [1999] NSWCCA 261 Festa v The Queen (2001) 208 CLR 593; [2001] HCA 72 IMM v The Queen (2016) 330 ALR 382; [2016] HCA 14 Papakosmas v The Queen (1999) 196 CLR 297; [1999] HCA 37 Smith v The Queen (2001) 206 CLR 650; [2001] HCA 50 Category: Procedural rulings Parties: Regina (Crown) Kulwinder Singh (Accused) Representation: Counsel: Mr J Bowers (Crown) Ms M Cunneen SC (Accused)

Solicitors: Solicitor for Public Prosecutions (Crown) Michael Vassili Barristers and Solicitors (Accused) File Number(s): 2017/00330134

Judgment 1. Kulwinder Singh is to stand trial for the murder of his wife, Parwinder Kaur, on 15 February 2021. It will be the second time he will stand trial for that offence, the jury in his first trial being unable to reach a decision on 18 October 2019. 2. By Notice of Motion filed on 28 August 2020, Mr Singh sought the exclusion of some of the evidence adduced at the first trial from his re-trial. One of the matters sought to be excluded was evidence of a steak knife found near the deceased's mobile telephone phone at the time of the act which caused her death. 3. I indicated to the parties at the conclusion of the pre-trial hearing on 21 October 2020 that I would rule on all of the objections by the first week of Law Term in 2021, with the exception of the ruling concerning the admissibility of the steak knife. This was because I was informed that a ruling was required on that objection prior to 20 January 2021 as an application under the Crimes (Forensic Procedures) Act 2005 (NSW) was listed for hearing in the Parramatta Local Court on that date and the ruling I made as to the admissibility of the steak knife would be relevant to that application. 4. My ruling is that evidence of the finding of the steak knife is admissible. These are my reasons for so finding.