R v Singh (No 6) [2021] NSWSC 213

Supreme Court New South Wales

Medium Neutral Citation: R v Singh (No 6) [2021] NSWSC 213 Hearing dates: 4 and 10 March 2021 Decision date: 11 March 2021 Jurisdiction: Common Law Before: N Adams J Decision: See [42] Catchwords: CRIMINAL PROCEDURE — application to exclude evidence – expert opinion under s 79 Evidence Act 1995 (NSW) – facts on which opinion is based – whether opinion within area of specialised knowledge – held, evidence inadmissible Legislation Cited: Evidence Act 1995 (NSW), ss 38, 55, 56, 76, 79, 102, 137 Cases Cited: Dasreef Pty Ltd v Hawchar (2011) 243 CLR 588; [2011] HCA 21 Honeysett v The Queen (2014) 253 CLR 122; [2014] HCA 29 Makita (Australia) Pty Ltd v Sprowles (2001) 52 NSWLR 705; [2001] NSWCA 305 Category: Procedural rulings Parties: Regina (Crown) Kulwinder Singh (Accused) Representation: Counsel: Mr P Hogan (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. The accused, Kulwinder Singh, is charged with the murder of his wife. His trial commenced before me and a jury of twelve on 18 February 2021. 2. On 4 March 2021, the Crown sought to adduce expert evidence from Professor Maitz regarding burns suffered by the deceased and the accused. Professor Maitz is an expert in the treatment of severe burns. Objection was made on behalf of the accused to one aspect of Professor Maitz' evidence concerning the severity of the burns suffered by the accused. These are my reasons for excluding one discrete part of the evidence of Professor Maitz.