R v Godfrey (No 2) [2023] NSWSC 1313

Supreme Court New South Wales

Medium Neutral Citation: R v Godfrey (No 2) [2023] NSWSC 1313 Hearing dates: 20 March 2023 Date of orders: 20 March 2023 Decision date: 20 March 2023 Jurisdiction: Common Law Before: Cavanagh J Decision: (1) Admission of the reference by the accused to Asperger's Syndrome or Autism during his ERISP is rejected. (2) Admission of a statement made by the witness Mr Rae to the effect that he did not trust the accused is accepted. (3) Admission of two references by the accused to cross-examination during his ERISP is rejected. Catchwords: CRIMINAL PROCEDURE — Trial — Voir dire – admissibility of evidence EVIDENCE — Credibility evidence — Accused – where Crown submits accused lied about Asperger's Syndrome or Autism diagnosis – whether admission of evidence would be unfairly prejudicial – s 137 Evidence Act 1995 (NSW) – whether admission of evidence would reverse onus of proof – evidence not admitted EVIDENCE — Opinion – whether witness' statement that accused could not be trusted should be admitted – whether evidence relevant for a purpose other than proof of the existence of a fact about the existence of which the opinion was expressed – evidence admitted EVIDENCE — Credibility evidence — Character – whether reference by accused to cross-examination during ERISP should be admitted – whether danger of prejudice to the accused – evidence not admitted Legislation Cited: Crimes Act 1900 (NSW), s 18(1)(a) Evidence Act 1995 (NSW), ss 76, 77, 135, 137 Category: Procedural rulings Parties: Rex Connor Norman Godfrey Representation: Counsel: M Hay (Rex) M W Smith (Offender)