R v Papanicolaou (No 3) [2021] NSWSC 1697

Supreme Court New South Wales

Medium Neutral Citation: R v Papanicolaou (No 3) [2021] NSWSC 1697 Hearing dates: 15 December 2021 Date of orders: 23 December 2021 Decision date: 23 December 2021 Jurisdiction: Common Law Before: Wright J Decision: The audio-visual recording of the 8 January 2019 interview with the deceased is admissible, subject to the editing which has already been agreed between the parties. Catchwords: CRIME — murder — partial defences — substantial impairment CRIMINAL PROCEDURE — trial — case management — pre-trial hearing — advance ruling on admissibility of audio-visual recording of interview with deceased in hospital EVIDENCE — exclusion of prejudicial evidence in criminal proceedings — where accused objects to visual component of audio-visual recording of interview with deceased in hospital — where deceased's evidence could rationally affect to a significant extent the assessment of the existence of facts in issue — where assessment of the reliability and credibility of the deceased is enhanced by visual non-verbal communication — whether video likely to cause an emotional response affecting the judgment of the jury — interviewee bruised and bandaged but generally articulate and not in any apparent significant discomfort — no significant danger of unfair prejudice — probative value of video not outweighed by danger of unfair prejudice — evidence admissible Legislation Cited: Crimes Act 1900 (NSW), 23A Criminal Procedure Act 1986 (NSW), ss 143, 151 Evidence Act 1995 (NSW), ss 65, 67, 137, 192A, Dictionary Cases Cited: The Queen v Bauer (2018) 266 CLR 56; [2018] HCA 40 IMM v The Queen (2016) 257 CLR 300; [2016] HCA 14 Category: Procedural rulings Parties: Regina (Crown) Hanny Papanicolaou (Accused) Representation: Counsel: C Taylor (Crown) T Quilter with J Brock (Accused)