R v Whitfield [2024] NSWCCA 124

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: R v Whitfield [2024] NSWCCA 124 Hearing dates: 10 July 2024 Date of orders: 19 July 2024 Decision date: 19 July 2024 Before: Harrison CJ at CL at [1]; Davies J at [67]; N Adams J at [68] Decision: Appeal allowed Catchwords: CRIMINAL LAW – appeal – Crown appeal – s 5F(3A) of the Criminal Appeal Act 1912 – dangerous navigation causing death contrary to s 52B(1)(c) of the Crimes Act 1900 – where trial judge excluded evidence from experts concerning likely impairment caused by intoxication – exclusion of evidence of blood alcohol content and speed of jet ski – where rulings would substantially weaken Crown case – whether experts entitled to offer opinions of specialised knowledge based on training, study or experience – Evidence Act 1995 s 79 Legislation Cited: Crimes Act 1900 (NSW), s 52B(1) Criminal Appeal Act 1912 (NSW), s 5F(3A) Evidence Act 1995 (NSW), ss 55, 79, 135, 137 Cases Cited: Clark v Ryan (1960) 103 CLR 486; [1960] HCA 42 Reg v Silverlock (1894) 2 QB 766 at 769 Lang v The Queen [2023] HCA 29 Category: Principal judgment Parties: Crown (Appellant) Richard Thomas Whitfield (Respondent) Representation: Counsel: G Newton SC with B Allison (Appellant) B Walker SC with B Vasic (Respondent)

Solicitors: Office of the Director of Public Prosecutions (Appellant) Anderson Lawyers (Respondent) File Number(s): 2022/164622 Publication restriction: Nil Decision under appeal Court or tribunal: District Court Jurisdiction: Criminal Date of Decision: 28 June 2024 Before: Whitford SC DCJ File Number(s): 2022/00164622