R v Officer A [2023] NSWSC 1265

Supreme Court New South Wales

Medium Neutral Citation: R v Officer A [2023] NSWSC 1265 Hearing dates: 23 October 2023 Date of orders: 24 October 2023 Decision date: 30 October 2023 Jurisdiction: Common Law Before: N Adams J Decision: The schedule of the accused's call charge records is excluded under s 137 of the Evidence Act 1995 (NSW). Catchwords: EVIDENCE – murder trial – accused correctional officer charged with murder following shooting of escaping inmate at hospital – whether accused believed on reasonable grounds that it was necessary to discharge firearm to prevent escape – Crown application to adduce call charge records and evidence of phone calls made by the accused at hospital to rebut evidence of Crown witness – unfavourable witness – real risk of the jury misusing evidence – interests of justice that ruling be revisited in light of new evidence that accused also called a Correctional Services officer while at hospital – full call records not permitted but limited evidence of some calls allowed Legislation Cited: Crimes (Administration of Sentences) Act 1999 (NSW), s 24 Crimes (Administration of Sentences) Regulation 2014 (NSW), cl 303 Criminal Procedure Act 1986 (NSW), s 130A(1) Evidence Act 1995 (NSW), ss 38, 55, 137 Cases Cited: Colby v The Queen [1999] NSWCCA 261 IMM v The Queen (2016) 257 CLR 300; [2016] HCA 14 Papakosmas v The Queen (1999) 196 CLR 297; [1999] HCA 37 R v Obeid (No 4) [2015] NSWSC 1442 R v Officer A [2023] NSWSC 1033 R v Officer A (No 2) [2022] NSWSC 1381 Texts Cited: Stephen Odgers SC, Uniform Evidence Law (18th ed, 2023, Lawbook Co). Category: Procedural rulings Parties: Rex (Crown) Officer A (Accused) Representation: Counsel: Mr K McKay SC with Ms S Lind and Ms V Chan (Crown) Mr P Strickland SC with Mr S Russell and Mr A Wong (Accused)