R v Musa (No 3) [2023] NSWSC 328

Supreme Court New South Wales

Medium Neutral Citation: R v Musa (No 3) [2023] NSWSC 328 Hearing dates: 14 November – 12 December 2022 Decision date: 04 April 2023 Jurisdiction: Common Law - Criminal Before: Button J Decision: Various alleged admissions excluded and not excluded pursuant to various provisions of the Evidence Act 1995 (NSW) Catchwords: EVIDENCE — admissions — criminal proceedings – murder trial – objections on voir dire – whether evidence from body worn video and subsequent recorded interview should be admitted or excluded – conceded denial of LEPRA rights – whether discretion to admit unlawfully obtained evidence should be exercised – whether oppressive conduct by police – whether circumstances raised unreliability of admissions – whether unfairness discretion regarding admissions should be exercised – probative/prejudicial evaluative judgment discussed – segmentary approach adopted – various portions of body worn video product and recorded interview excluded and admitted Legislation Cited: Evidence Act 1995 (NSW) ss 55, 84, 85, 90, 135, 137, 138, 139 Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) ss 122, 123 Law Enforcement (Powers and Responsibilities) Regulation 2016 (NSW) ss 28, 29 Cases Cited: Habib v Nationwide News Pty Ltd [2010] NSWCA 34; (2010) 76 NSWLR 299 R v Sumpton [2014] NSWSC 1432 Category: Procedural rulings Parties: Rex (Crown) Jackline Sabana Musa (Accused) Representation: Counsel: S Hughes with E Blizard (Crown) M Avenell SC with R Khalilizadeh (Accused)