R v Officer A (No 3) [2022] NSWSC 1394

Supreme Court New South Wales

Medium Neutral Citation: R v Officer A (No 3) [2022] NSWSC 1394 Hearing dates: 11 October 2022 Date of orders: 11 October 2022 Decision date: 17 October 2022 Jurisdiction: Common Law Before: Beech-Jones CJ at CL Decision: Only material relating to the criminal and custodial history of the deceased in respect of which there was some evidence that material was known to the accused at or around the time he shot the deceased is to be admitted. Catchwords: EVIDENCE – murder – accused correctional officer charged with murder following shooting of escaping prisoner – whether accused believed on reasonable grounds it was necessary to discharge firearm to prevent the escape of the deceased – evidence of antecedents and conduct of deceased only admissible if evidence that that was known to the accused – fact of escape and refusal of deceased to heed warning and shots not in issue – evidence of conduct and antecedents of deceased not known to the accused not relevant to fact in issue Legislation Cited: Crimes (Administration of Sentences) Act 1999 (NSW) Crimes (Administration of Sentences) Regulation 2014 (NSW) Evidence Act 1995 (NSW) Cases Cited: R v Cakovski (2004) 149 A Crim R 21; [2004] NSWCCA 280 R v Hajistassi (2010) 107 SASR 67 R v Officer A (No 1) [2022] NSWSC 1362 R v PP (2002) 135 A Crim R 575 State of New South Wales v Bouffler (2017); 95 NSWLR 521; [2017] NSWCA 185 Category: Procedural rulings Parties: Rex (Crown) Officer A (Accused) Representation: Counsel: Ms S Dowling SC; Ms S Lind; Ms V Chan (Crown) Mr P Strickland SC; Ms S Palaniappan; Mr I McLaughlan (Accused)