R v So (No 2) [2023] NSWSC 1052

Supreme Court New South Wales

Medium Neutral Citation: R v So (No 2) [2023] NSWSC 1052 Hearing dates: 14 August – 31 August 2023 Date of orders: 1 September 2023 Decision date: 01 September 2023 Jurisdiction: Common Law Before: Ierace J Decision: (1) In respect of the application by the Crown to admit certain hearsay evidence: (a) The identified passages of hearsay evidence in the statements of Susan Carter, Annette O'Reilly, Gary Weavers and Sandra Weavers are admissible as exceptions to the hearsay rule pursuant to s 65(2)(c) of the Evidence Act 1995 (NSW), with the exception of paragraph (34) of Gary Weavers' statement dated 19 June 2016 and paragraph (8) of Sandra Weavers' statement dated 19 June 2016. (2) In respect of the amended tendency notice dated 28 August 2023: (a) the Crown is permitted to adduce as tendency evidence the following evidence in respect of the tendency that Robert Dickie disavowed long term, live-in domestic relationships and engaged in short term sexual encounters in lieu thereof, including (a) having short term sexual partners attend his home for a number of days; and (b) endeavouring to facilitate short term (days rather than weeks) sexual encounters with women by falsely promising long-term relationships with them: (i) Annette O'Reilly at paragraph (27) of her statement dated 23 June 2016; (ii) Gary Weavers at paragraphs (13) and [14] of his statement dated 19 June 2016; (iii) Sandra Weavers at paragraphs (12) and (16) of her statement dated 19 June 2016; (iv) Darren Dickie at page 322 of the trial transcript; (v) The evidence of "Tracey" concerning her dealings with Robert Dickie; (vi) The evidence of "Diana" concerning her dealings with Robert Dickie; (vii) The evidence of "Mandy" concerning her contact with Robert Dickie; (viii)The account recorded by police of Robert Dickie's explanation of his interaction with "Bronwyn" in the entry of a Computer Operated Policing System (COPS) report dated 24 April 2012; and (ix) The extracts of emails downloaded by police from Robert Dickie's iPad. (b) Direct that, pursuant to s 97 of the Evidence Act 1995 (NSW), despite an absence of reasonable notice by the Crown, the evidence is admissible for the tendency purpose. Catchwords: EVIDENCE – Admissibility – Hearsay –Representations made by alleged deceased – Where maker of representations "not available" – Whether representation made in circumstances that make it highly probable they were reliable EVIDENCE – Admissibility – Tendency evidence – Late notice – Asserted tendency of alleged deceased to disavow long-term relationships, engage in short-term sexual encounters and falsely promise long-term relationships – Whether proposed evidence will have significant probative value Legislation Cited: Evidence Act 1995 (NSW), ss 59, 65, 66A, 97, 99, 100, 101, 192A Cases Cited: Cantarella Bros Pty Ltd v Andreasen [2005] NSWSC 579 Dogan v R [2020] NSWCCA 151 Greenaway v R [2021] NSWCCA 253 R v Ambrosoli (2002) 55 NSWLR 603 at 616; [2002] NSWCCA 386 R v Dawson [2022] NSWSC 814 R v Singh (No 4) [2021] NSWSC 75 Sio v The Queen (2016) 259 CLR 47; [2016] HCA 32 Taylor v R [2020] NSWCCA 355 Category: Procedural rulings Parties: Rex Kylie So (Accused) Representation: Counsel: L Shaw (Crown) I Nash (Accused)