R v Rahim; R v Rizk [2021] NSWSC 742

Supreme Court New South Wales

Medium Neutral Citation: R v Rahim; R v Rizk [2021] NSWSC 742 Hearing dates: 7 June 2021; 17 June 2021 Date of orders: 24 June 2021 Decision date: 24 June 2021 Jurisdiction: Common Law Before: Wilson J Decision: (1) The Notice of Motion filed by the accused Rahim on 24 May 2021 is dismissed; (2) The Notice of Motion filed by the accused Rizk on 25 May 2021 is dismissed, except with respect to Questions and Answers 427 – 435 and 555 – 564 of the interview of 17 December 2019. Those questions and answers are excluded from the evidence to be adduced by the Crown. (3) The matters are referred to the Criminal Law List Judge in Chambers, for further order. Catchwords: CRIME – trial – murder – accessory to murder - pre-trial hearing – admissibility of evidence – challenge to admissibility of electronically recorded interviews with two accused persons – inducement alleged to have been held out by investigating officer – question of lawfulness of arrest – reasonable suspicion – length of period of detention during investigation – right to silence – whether right to silence disregarded – improper questioning Legislation Cited: Evidence Act 1995 (NSW) Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) Cases Cited: George v Rockett [1990] 170 CLR 104; [1990] HCA 26 Giorgianni v The Queen (1985) 156 CLR 473; [1985] HCA 29 Habib v Nationwide News (2010) 76 NSWLR 299 Higgins v Regina [2007] NSWCCA 56 Hyder v The Commonwealth [2012] NSWCA 336 O'Hara v Chief Constable of the Royal Ulster Constabulary [1997] AC 286 Plevac v R (1995) 84 A Crim R 570 Queensland Bacon Pty Ltd v Rees (1966) 115 CLR 266; [1966] HCA 21 R v Clarke (1997) 97 A Crim R 414 R v Helmhout (No 2) [2000] NSWSC 225 R v Taylor (Court of Criminal Appeal (NSW), 18 April 1995, unrep) Regina v Taleb [2019] NSWSC 241 Ruddock v Taylor (2005) 222 CLR 612; [2005] HCA 48 State of NSW v Robinson (2019) 266 CLR 619; [2019] HCA 46 The Queen v Ireland (1970) 126 CLR 321 Category: Procedural rulings Parties: Regina (Crown) Bilal Rahim (Accused Rahim) Sherene Rizk (Accused Rizk) Representation: Counsel: