R v White [2021] NSWSC 962

Supreme Court New South Wales

Medium Neutral Citation: R v White [2021] NSWSC 962 Hearing dates: --- Date of orders: 3 August 2021 Decision date: 03 August 2021 Jurisdiction: Common Law - Criminal Before: Johnson J Decision: Johnson J recuses himself from presiding at the pretrial hearing and at the trial of the Accused. Catchwords: CRIMINAL LAW – murder – Judge issues surveillance device warrant – conversation recorded under warrant relied upon by Crown as alleged admissions – pretrial application to exclude evidence of admissions – whether Judge who issued warrant should decline to sit at pretrial hearing and as trial Judge – reasonable apprehension of bias – Judge recuses himself from pretrial hearing and trial Legislation Cited: Evidence Act 1995 (NSW) Listening Devices Act 1984 (NSW) Surveillance Devices Act 2004 (Cth) Surveillance Devices Act 2007 (NSW) Cases Cited: Cesan v The Queen (2008) 236 CLR 358; [2008] HCA 52 CNY17 v Minister for Immigration and Border Protection (2019) 268 CLR 76; [2019] HCA 50 Ebner v Official Trustee in Bankruptcy (2000) 205 CLR 337; [2000] HCA 63 Islam v Minister for Immigration and Citizenship (2009) 51 AAR 147; [2009] FCA 1526 Love v Attorney General for NSW (1990) 169 CLR 307; [1990] HCA 4 McGovern v Ku-Ring-Gai Council (2008) 72 NSWLR 504; [2008] NSWCA 209 McIver v R [2020] NSWCCA 343 R v Eastman (1994) 121 FLR 150 R v George and Others (1987) 9 NSWLR 527 R v Kearns [2003] NSWCCA 367 Re JRL; Ex parte CJL (1986) 161 CLR 342; [1986] HCA 39 Sepulveda v R (2006) 167 A Crim R 108; [2006] NSWCCA 379 Texts Cited: --- Category: Procedural rulings Parties: Regina (Crown) Scott White (Accused) Representation: Counsel: Mr B Hatfield (Crown) Ms B Rigg SC; Mr B Neild (Accused)