R v MR, JB and CS (young persons) (No 2) [2024] NSWSC 250

Supreme Court New South Wales

Medium Neutral Citation: R v MR, JB and CS (young persons) (No 2) [2024] NSWSC 250 Hearing dates: 4 and 5 March 2024 Date of orders: 7 March 2024 (re the BS admission evidence and the BS/MR evidence) 12 March 2024 (re the MR CCTV evidence) Decision date: 14 March 2024 Jurisdiction: Common Law Before: Huggett J Decision: (1) The MR CCTV evidence is admissible (against JB). (2) The BS admission evidence is admissible (against MR). (3) The BS/MR evidence is admissible (against MR). Catchwords: CRIMINAL LAW – evidence – admissibility of evidence captured on CCTV recording – representations of one accused being used against another accused for a hearsay purpose – exception to the hearsay rule – admissibility of an admission by MR – admissibility of words of a witness BS for a non-hearsay purpose Legislation Cited: Crimes Act 1900 (NSW) Evidence Act 1995 (NSW) Cases Cited: Papakosmas v R (1999) 196 CLR 297; 164 ALR 548; 73 ALJR 1274; [1999] HCA 37 R v Rose [2002] NSWCCA 455 R v Shamouil (2006) 66 NSWLR 228; [2006] NSWCCA 112 R v Tarantino [2019] NSWSC 939 R v Singh (No 4) [2021] NSWSC 75 Sio v The Queen (2016) 259 CLR 47; [2016] HCA 32 Texts Cited: Nil Category: Procedural rulings Parties: Rex (Crown) MR (Accused) JB (Accused) CS (Accused) Representation: Counsel: E Balodis (Crown) A Evers (MR) S Talbert (JB) C Wasley (CS)