R v Omar [2022] NSWSC 371

Supreme Court New South Wales

Medium Neutral Citation: R v Omar [2022] NSWSC 371 Hearing dates: 30 March 2022 Date of orders: 4 April 2022 Decision date: 04 April 2022 Jurisdiction: Common Law Before: Davies J Decision: The hearsay rule does not apply to the evidence of the seven representations contained in paragraphs [30], [33], [48], [52], [56], [59] and [62]. Catchwords: EVIDENCE – hearsay – exceptions – criminal proceedings – where witness refused to answer questions – whether the witness was unavailable -whether transcripts of witness's evidence before Crime Commission admissible – whether representations against interest – whether representations likely to be reliable in the circumstances of when they were made – whether evidence unfairly prejudicial to accused Legislation Cited: Evidence Act 1995 (NSW) ss 61, 65, 67, 137, 165, Sched 2 Cases Cited: Papakosmas v The Queen (1999) 196 CLR 297; [1999] HCA 37 R v El Masri [2010] NSWSC 1277 R v Macdonald; R v Edward Obeid; R v Moses Obeid (No 4) [2019] NSWSC 1286 R v Suteski (2002) 56 NSWLR 182; [2002] NSWCCA 509 Sio v The Queen (2016) 259 CLR 47; [2016] HCA 32 Thomas v State of New South Wales (2008) 74 NSWLR 34; [2008] NSWCA 316 Texts Cited: Nil Category: Procedural rulings Parties: Crown Omar Omar (Accused) Representation: Counsel: D Robinson (Crown) M Cunneen SC (Accused)

Solicitors: Office of the Director of Public Prosecutions (Crown) Criminal Defence Group (Accused) File Number(s): 2019/395330