Nehme v R [2022] NSWCCA 49

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Nehme v R [2022] NSWCCA 49 Hearing dates: 4 March 2022 Date of orders: 4 March 2022 Decision date: 09 March 2022 Before: Beech-Jones CJ at CL at [1] Wright J at [34] Wilson J at [35] Decision: Leave to appeal refused. Catchwords: CRIMINAL LAW – interlocutory appeal – accused seeks to adduce co-accused's conversation with police – excluded by trial judge – accused applies for separate trial to adduce evidence – probative value of evidence – whether evidence exculpatory – whether risk of injustice to accused if not able to adduce evidence in separate trial – leave to appeal refused. Legislation Cited: Crimes Act 1900 Criminal Procedure Act 1986 Evidence Act 1995 Cases Cited: House v R (1936) 55 CLR 401 Kocer v R [2006] NSWCCA 328 R v Collie (1991) 56 SASR 302 R v Patsalis & Spathis [1999] NSWSC 649; (1999) 107 A Crim R 432 R v Rogerson; R v McNamara (No 3) [2015] NSWSC 965 Rogerson v R; McNamara v R [2021] NSWCCA 160 Webb & anor v The Queen (1994) 181 CLR 41 Category: Procedural rulings Parties: Joseph Nehme (Applicant) Regina (Respondent) Representation: Counsel: D Dalton SC (Applicant) M England; C Taylor (Crown)

Solicitors: JB Coran Lawyers (Applicant) Solicitor for Public Prosecutions (Crown) File Number(s): 2019/388186 Publication restriction: Not to be published until after the completion of the trial Decision under appeal Court or tribunal: Supreme Court Jurisdiction: Criminal Citation: [2022] NSWSC 138 Date of Decision: 17 February 2022 Before: Bellew J File Number(s): 2019/388186