R v Singh (No 5) [2021] NSWSC 76

Supreme Court New South Wales

Medium Neutral Citation: R v Singh (No 5) [2021] NSWSC 76 Hearing dates: 19, 20 and 21 October 2020 Decision date: 12 February 2021 Jurisdiction: Common Law Before: N Adams J Decision: See [32] Catchwords: CRIMINAL PROCEDURE — application to exclude evidence – s 137 Evidence Act 1995 (NSW) – re-enactment video – where locations and distances used in video are disputed – where re-enactment video used distances and locations selected by police – where jury will see relevant locations at a view – held, probative value outweighed by risk of unfair prejudice to the defendant Legislation Cited: Evidence Act 1995 (NSW) ss 55, 79, 135, 137 Cases Cited: Papakosmas v The Queen (1999) 196 CLR 297; [1999] HCA 37 R v Neilan [1992] 1 VR 57 R v Singh (No 3) [2020] NSWSC 1911 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 Ms M Cunneen SC (Accused)

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

Judgment 1. The accused, Kulwinder Singh, is charged with the murder of his wife. His trial is listed to commence on 15 February 2021. 2. By Notice of Motion filed on 28 August 2020, Mr Singh sought the exclusion of a number of pieces of evidence from his pending trial. I heard the motion on 19, 20 and 21 October 2020 and reserved my decision on all objections at that time. 3. This is my ruling on one of the objections: a video recording which I propose to refer to as the "re-enactment video".