R v Officer A [2023] NSWSC 1033

Supreme Court New South Wales

Medium Neutral Citation: R v Officer A [2023] NSWSC 1033 Hearing dates: 18 August 2023 Date of orders: 18 August 2023 Decision date: 30 August 2023 Jurisdiction: Common Law - Criminal Before: Beech-Jones CJ at CL Decision: The evidence of the accused's participation is Scenario PT03 is excluded. The application to revisit the rulings in R v Officer A (No 5) [2022] NSWSC 139, R v Officer A (No 4) [2022] NSWSC 1395 and R v Officer A (unreported, 20 October 2022) is otherwise dismissed. Catchwords: EVIDENCE – pending retrial – application to revisit rulings made either prior to or during first trial – whether not in interests of justice for ruling to be binding – whether material change in circumstances – material change not determinative – accused is a correctional officer – shot deceased while escaping – scope of lawful authority – whether evidence of accused prodding deceased in cells with foot while deceased having a fit should be excluded – no matter raised warranting revisiting ruling – evidence of accused's participation in training scenario involving confrontation with violent prisoner – ruling reversed – potential to confuse jury's understanding of correctional officer's authority to discharge firearm at escaping prisoner – evidence of accused taking a telephone call outside hospital where inmate located just prior to escape – no matter raised warranting revisiting ruling Legislation Cited: Crimes (Administration of Sentences) Regulation 2014 (NSW) Criminal Procedure Act 1986 (NSW) Evidence Act 1995 (NSW) Cases Cited: R v Obeid (No 4) [2015] NSWSC 1442 R v Officer A (No 1) [2022] NSWSC 1362 R v Officer A (No 2) [2022] NSWSC 1381 R v Officer A (No 3) [2022] NSWSC 1394 R v Officer A (No 4) [2022] NSWSC 1395 R v Officer A (No 5) [2022] NSWSC 1396 Category: Procedural rulings Parties: Rex (Crown) Officer A (Accused) Representation: Counsel: Mr K McKay SC; Ms S Lind; Ms V Chan (Crown) Mr P Strickland SC; Mr S Russell; Mr A Wong (Accused)