R v Leung; R v Webster (No. 1) [2022] NSWDC 137

District Court New South Wales

Medium Neutral Citation: R v Leung; R v Webster (No. 1) [2022] NSWDC 137 Hearing dates: 5, 6, 7, 8, 11, 12, 13, 14 April 2022 Date of orders: 14 April 2022 Decision date: 14 April 2022 Jurisdiction: Criminal Before: Neilson DCJ Decision: The tender of the "stocking texts" in Exhibit VD4 is rejected as against both of the accused; the tender of the "advent 1 texts" in Exhibit VD4 against Mr Webster is admitted; the tender of the "advent 2 texts" in Exhibit VD4 against Mr Webster is rejected; the tender of the "clean laundry texts" in Exhibit VD4 is rejected; the tender of the "tobacco texts" in Exhibit VD4 is rejected; the tender of Exhibit VD5 is rejected pursuant to s 135 of the Evidence Act 1995 (NSW). Catchwords: CRIME – VOIR DIRE – EVIDENCE – ADMISSIBILITY - PRACTICE AND PROCEDURE – Prosecutorial duty of disclosure. Legislation Cited: Crimes Act 1900 (NSW) Criminal Procedure Act 1986 (NSW) Director of Public Prosecutions Act 1986 (NSW) Drug Misuse and Trafficking Act 1985 (NSW) Evidence Act 1995 (NSW) Cases Cited: Edwards v The Queen [2020] NSWCCA 57 Grey v The Queen (2001) 75 ALJR 1708; [2001] HCA 65 Johnson v Miller (1937) 59 CLR 467 Mallard v The Queen (2005) 224 CLR 125 R v Reardon (No 2) (2004) 60 NSWLR 454; [2004] NSWCCA 197 R v Spiteri (2004) 61 NSWLR 369; [2004] NSWCCA 321 S v The Queen (1989) 168 CLR 266 Walsh v Tattersall (1996) 188 CLR 177 Texts Cited: Criminal Practice and Procedure NSW by Messrs Howie & Johnson Category: Procedural rulings Parties: R – Crown First Accused – Canny Leung Second Accused – Cameron Stewart Webster Representation: Counsel: Crown – Nightingale, K First Accused – Boe, A with O'Neill, C. Second Accused – Ramrakha, T. Solicitors: Crown – Office of the Director of Public Prosecutions First Accused – Nyman Gibson Miralis Defence Lawyers and Advisors Second Accused – LegalAid File Number(s): 2019/276597; 2019/276599 Publication restriction: Nil.