NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: R v Dawson [2022] NSWSC 861 Hearing dates: 29 June 2022 Date of orders: 01 July 2022 Decision date: 01 July 2022 Jurisdiction: Common Law - Criminal Before: Harrison J Decision: Admit the documents from the Family Court as Exhibit CU. Catchwords: CRIMINAL LAW – murder trial – evidence – where Crown seeks to rely on documents filed in Family Court proceedings – whether the evidence was obtained improperly or as a consequence of an impropriety – whether the tender of the documents is in breach of the Harman principle – whether the Crown's use of admissions contained in the documents would be unfair to the accused Legislation Cited: Evidence Act 1995 (NSW), ss 90, 138 Family Law Rules 2004, r 13.07A Cases Cited: Director of Public Prosecutions (Vic) v Natale [2018] VSC 339 Harman v Secretary of State for the Home Department [1983] 1 AC 280 Hearne v Street (2008) 235 CLR 125; [2008] HCA 36 Spedding v State of New South Wales [2022] NSWSC 503 Springfield Nominees Pty Ltd v Bridgelands Securities Ltd (1992) 38 FCR 217; (1992) 110 ALR 685; 38 FLR 217; [1992] FCA 720 Category: Procedural rulings Parties: Regina (Crown) Christopher Michael Dawson (Accused) Representation: Counsel: C M Everson SC and E Blizard (Crown) P David (Accused)
Solicitors: Office of the Director of Public Prosecutions (Crown) Greg Walsh & Co Solicitors (Accused) File Number(s): 2018/372527 Publication restriction: Nil
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