R v Hawkins (No 5) [2023] NSWSC 1497

Supreme Court New South Wales

Medium Neutral Citation: R v Hawkins (No 5) [2023] NSWSC 1497 Hearing dates: 28 November 2023 Date of orders: 28 November 2023 Decision date: 28 November 2023 Jurisdiction: Common Law Before: Hamill J Decision: (1) Objection by accused to answering questions in cross-examination upheld. (2) Accused required to answer questions. (3) Accused shall have a certificate under s 128 of the Evidence Act 1995 (NSW). Catchwords: CRIMINAL LAW – privilege against self-incrimination – where accused elects to give evidence in his murder trial – where circumstantial case includes lies told to police to be used to support consciousness of guilt reasoning – explanation for lies includes involvement in drug transaction – evidence-in-chief oblique and no objection taken – objection taken in cross-examination concerning details – section 128 certificate – application for a certificate – objection upheld – accused required to answer questions – certificate granted Legislation Cited: Evidence Act 1995 (NSW), s 128 Cases Cited: Cornwell v The Queen (2007) 231 CLR 260; [2007] HCA 12 R v Cranston (No 20) [2022] NSWSC 1578 Song v Ying (2010) 79 NSWLR 442; [2010] NSWCA 237 Category: Procedural rulings Parties: Rex Jason Paul Hawkins Representation: Counsel: B Hatfield SC (Rex) B Bickford (Hawkins)

Solicitors: Solicitor for Public Prosecutions (NSW) (Rex) Hugo Law Group (Hawkins) File Number(s): 2021/00336983 Publication restriction: Not to be published beyond the parties until the conclusion of the trial.