R v Schwenke [2021] NSWDC 247

District Court New South Wales

Medium Neutral Citation: R v Schwenke [2021] NSWDC 247 Hearing dates: 7 June 2021 – 9 June 2021 Date of orders: 09 June 2021 Decision date: 09 June 2021 Jurisdiction: Criminal Before: Abadee DCJ Decision: See paragraphs 16 and 25 Catchwords: EVIDENCE – aggravated kidnapping and strangulation offences – objection to cross-examination on credibility of witness called by accused – whether witness' criminal history and driving record substantially affect assessment of credibility Legislation Cited: Evidence Act 1995 (NSW) ss 103, 137 Cases Cited: R v Aldridge (1990) 20 NSWLR 737 Texts Cited: Australian Law Reform Commission, Uniform Evidence Law Report, (February 2006) Stephen Odgers SC, Uniform Evidence Law (15th ed, 2020, Thomson Reuters) Category: Procedural rulings Parties: Director of Public Prosecutions (NSW) Mr G Schwenke (the accused) Representation: Counsel: Mr P Lowe for the Director of Public Prosecutions (NSW) Mr S Molloy for the accused

Solicitors: Director of Public Prosecutions (NSW) Naomi Steinberg Lawyers for the accused File Number(s): 2019/19370 Publication restriction: Nil.

Judgment 1. The proceedings have reached the stage where the Crown has closed its case and the accused has called Mr Danyal Raffie as a witness. 2. Put in general terms, this proceeding concerns an offence of aggravated detention for advantage by the accused of the complainant on 6 January 2019 and another offence of intentionally choking the accused on the same date. 3. The Crown wishes to raise questions, in cross-examination, about Mr Raffie's traffic record and criminal history. The accused's Counsel objects to him doing so.