R v Clare [2022] NSWDC 21

District Court New South Wales

Medium Neutral Citation: R v Clare [2022] NSWDC 21 Hearing dates: 24 January 2022 Date of orders: 24 January 2022 Decision date: 24 January 2022 Jurisdiction: Criminal Before: Haesler SC DCJ Decision: Evidence of extract from co-accused police interview previously excluded not to be admitted at trial of Clare. For orders - see [57] Catchwords: CRIME — Violent offences — Aggravated detain for advantage — In company – actual bodily harm inflicted CRIMINAL PROCEDURE — Trial — in-trial application to re-visit earlier ruling –admissions of co-accused previously excluded sought to be led in another accused case only- EVIDENCE — Admissions — Criminal proceedings — improperly obtained- illegality- impropriety- unreliability - unfair prejudice – probative value of evidence EVIDENCE — Admissions by co-accused whether they can be led in evidence in another co-accused trials- fairness in context of individual trial being tried together- whether evidence can be limited- possible jury directions Legislation Cited: Crimes Act 1900 Evidence Act 1995 Law Enforcement (Powers and Responsibilities) Act 2000 Cases Cited: Hague v R [2019] VSCA 218 IMM v The Queen [2016] 257 CLR 300; [2016] HCA 14 R v Davis (no 6) [2020] NSWSC 1888 R v Morley [2021] NSWDC 681 R v O'Connor [2003] NSWCCA 335 R v Rahme [2001] NSWCCA 414 Sio v The Queen (2016) 259 CLR 47; [2016] HCA 32 Texts Cited: Australian Law Reform Commission, Interim Report ALRC 26 Vol 1 at [692]; S Odgers Uniform Evidence Law 15 ed. Thompson Rueters Category: Principal judgment Parties: Tara Clare (the offender) Director of Public Prosecutions Representation: Counsel: Ms R Mitchell (for the accused) Mr M Fox, Crown Prosecutor