R v BLAKE [2021] NSWDC 536

District Court New South Wales

Medium Neutral Citation: R v BLAKE [2021] NSWDC 536 Hearing dates: 29 July 2021 Date of orders: 27 August 2021 Decision date: 27 August 2021 Jurisdiction: Criminal Before: Lerve DCJ Decision: The content of the ERISP after question and answer 56 is rejected; Admissions made by the accused to Ms Kathleen Beeby on 27 October are admitted; and Any trial to be conducted by judge alone pursuant to s 365 of the Criminal Procedure Act. Catchwords: CRIME – driving occasioning death – fail to stop and give assistance EVIDENCE – admissibility of ERISP – police had been informed of accused's acquired brain injury but not passed on information – – whether interview was voluntary - manner of questioning inappropriate for accused's level of understanding – whether a vulnerable person under LEPRA – reliability of admissions EVIDENCE – admissibility of evidence of admissions made to another - difference between an exchange to people well known to each other and official questioning – opinion TRIAL PROCEDURE – application for trial by judge alone – complex evidence – additional accommodations more efficiently met by judge alone trial – not an issue of community values Legislation Cited: Crimes Act, 1900 Criminal Procedure Act, 1986 Evidence Act, 1995 Law Enforcement (Powers and Responsibilities) Regulation 2016 Cases Cited: Em v The Queen (2007) 239 CLR 204; [2007] HCA46 Haines v R [2018] NSWCCA 269 R v Pitts (No. 1) (2012) 229 A Crim R 387; [2012] NSWSC 1652 R v Ye Zhang [2000] NSWSC 1099 Redman v R [2015] NSWCCA 110 Regina v BD (No. 1) (Judge alone application) [2020] NSWDC 150 Severino v R [2017] NSWCCA 80 Category: Procedural rulings Parties: Regina David Edward BLAKE Representation: Counsel: Ms V Morgan, for the Director of Public Prosecutions Mr M Dennis SC , for the Accused File Number(s): 2019/346950 Publication restriction: No.