R v Niguidula (No 5) [2023] NSWSC 500

Supreme Court New South Wales

Medium Neutral Citation: R v Niguidula (No 5) [2023] NSWSC 500 Hearing dates: 11 May 2023 Date of orders: 11 May 2023 Decision date: 11 May 2023 Jurisdiction: Common Law - Criminal Before: Dhanji J Decision: The Crown is entitled to tender the still shot from the CCTV footage apparently showing the accused at the immigration desk in the Arrivals Hall at Sydney International Airport on 10 November 2019. Catchwords: EVIDENCE – criminal proceedings – where defence propose to make a number of admissions – whether Crown can lead further evidence as to a fact that has been admitted by the accused – blanket ruling sought – blanket ruling overruled – example fact – Crown seeking to rely on photograph in addition to bare fact admitted – photograph gives additional layer of meaning to bare fact – Crown entitled to tender photograph Legislation Cited: Evidence Act 1995 (NSW) s 135, 137, 184, 191 Cases Cited: Stubley v The State of Western Australia (2011) 242 CLR 374; [2011] HCA 7 R v JGW [1999] NSWCCA 116 R v Smith [1981] 1 NSWLR 193 R v Frazer [2002] 128 A Crim R 89; [2002] NSWCCA 59 R v Brooks [2017] NSWSC 188 Category: Procedural rulings Parties: Rex (Crown) Jenny Niguidula (Accused) Representation: Counsel: C Taylor (Crown) A Boe (Accused)

Solicitors: Solicitor for Public Prosecutions (NSW) (Crown) Murphy's Lawyers (Accused) File Number(s): 2019/390005; 2019/365704 Publication restriction: Nil