NSW Caselaw
District Court New South Wales
Medium Neutral Citation: R v Malula [2023] NSWDC 283 Hearing dates: 24 – 26 July 2023 Date of orders: 26 July 2023 Decision date: 26 July 2023 Jurisdiction: Criminal Before: Mahony SC DCJ Decision: Applications granted. For orders see [96]. Catchwords: Ex-tempore judgment – special hearing - pre-trial application by the accused to exclude DNA evidence and the ERISP of the accused undertaken on 8 September 2020 – Police failure to comply with Crimes (Forensic Procedures) Act 2000. Legislation Cited: Crimes (Forensic Procedures) Act 2000 Evidence Act 1995 Law Enforcement (Powers and Responsibilities) Act 2002. Mental Health and Cognitive Impairment Forensic Provisions Act 2020. Cases Cited: DPP v AM (2006) 161 A Crim R 219; [2006] NSWSC 348 R v Parker (1990) NSWCCA 19 NSWLR 177 R v Russell [2018] NSWSC 343 Sinclair v The King (1946) 73 CLR 316; [1946] HCA 55 Category: Procedural rulings Parties: Director of Public Prosecutions (The Crown) Papy Malula (The accused) Representation: Counsel: Ms F Gray (The Crown) Mr P Ye (The accused)
Solicitors: Mr B Gosling (The Crown) Ms H Shaw (The accused) File Number(s): 2020/261368 Publication restriction: Section 578A of the Crimes Act 1900 prohibits publication of any matter which identifies the complainant or any matter which is likely to identify the complainant in the proceedings.
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