R v Hawkins (No 3) [2023] NSWSC 1408

Supreme Court New South Wales

Medium Neutral Citation: R v Hawkins (No 3) [2023] NSWSC 1408 Hearing dates: 17 November 2023 Date of orders: 17 November 2023 Decision date: 17 November 2023 Jurisdiction: Common Law Before: Hamill J Decision: The application to discharge the jury is refused. Catchwords: CRIMINAL LAW – application to discharge the jury – non-responsive answer by witness – no fault of the prosecutor – no malicious intent by seemingly frightened witness – witness life partner of the accused who did not take an objection under s 18 – reference to a "sawn-off shotgun" – where murder under investigation committed with a shotgun – incident referred to evidence not relevant and related to an incident in 2017 – murder alleged committed in 2021 – prejudice and fair trial – whether "mishap" able to be cured by direction – circumstances of occurrence – where judge's intervention to stop the witness may have highlighted the problem – consideration of authorities – relevant considerations Legislation Cited: Evidence Act 1995 (NSW), s 18 Cases Cited: Crofts v The Queen (1996) 186 CLR 427; [1996] HCA 22 Ilievski v R; Nolan v R (No 2) [2023] NSWCCA 248 Miller v R (2015) 252 A Crim R 486; [2015] NSWCCA 206 Stanoevski v The Queen (2001) 202 CLR 115; [2001] HCA 4 Category: Procedural rulings Parties: Rex Jason Paul Hawkins Representation: Counsel: B Hatfield (Rex) B Bickford (Hawkins)

Solicitors: Solicitor for Public Prosecutions (NSW) (Rex) Hugo Law Group (Hawkins) File Number(s): 2021/00336983 Publication restriction: The names of the witness and co-accused have been redacted to comply with non-publication orders made on 10 October 2023 and 15 November 2023.