R v J Lucas; R v B Lucas (No 3) [2022] NSWSC 1809

Supreme Court New South Wales

Medium Neutral Citation: R v J Lucas; R v B Lucas (No 3) [2022] NSWSC 1809 Hearing dates: 24 February 2022 Decision date: 24 February 2022 Jurisdiction: Common Law Before: Button J Decision: Voice identification evidence is inadmissible Catchwords: EVIDENCE – admissibility of voice identification evidence by "ad hoc expert" – where police officer had limited interactions with the accused – where there are no particular features of the accused's voice, language or accent – where the jury will have heard played more extensive interviews with accused – where asserted opinion evidence is irrelevant and the police officer is not an "ad hoc expert" – ancillary rejection based on probative/prejudicial "discretion" Legislation Cited: Evidence Act 1995 (NSW) Cases Cited: Butera v Director of Public Prosecutions (Vic) (1987) 164 CLR 180; [1987] HCA 58 IMM v The Queen (2016) 257 CLR 300; [2016] HCA 14 Irani v R [2008] NSWCCA 217 Nasrallah v R; R v Nasrallah [2015] NSWCCA 188 R v Leung & Anor (1999) 47 NSWLR 405; [1999] NSWCCA 287 R v Marsh [2005] NSWCCA 331 R v Menzies [1982] 1 NZLR 40 Smith v The Queen (2001) 206 CLR 650; [2001] HCA 50 Texts Cited: Tim Coates, The Strange Story of Adolph Beck (2001, Stationery Office Books) Category: Procedural rulings Parties: Regina Joshua Lucas Benjamin Lucas Representation: Counsel: C O'Donnell SC & R Taylor (Crown M Avenell SC & J Brock (J Lucas) S Howell & R Baldeo (B Lucas) Solicitors: Solicitor for Public Prosecutions (Cth) (Crown) Legal Aid NSW (J Lucas) Hugo Law (B Lucas) File Number(s): 2020/82674; 2020/89279 Publication restriction: Nil