NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: R v Rajapakse [2024] NSWSC 1226 Hearing dates: 27-28 August 2024 Date of orders: 28 August 2024 Decision date: 28 August 2024 Jurisdiction: Common Law Before: Chen J Decision: The accused's application to exclude the evidence contained within the investigator's note prepared by Detective Senior Constable Gillett on 2 November 2020, and the note itself, is rejected. Catchwords: EVIDENCE – Discretions – Exclusion of evidence – Criminal proceedings – Application by accused to exclude evidence of witness' "off-the-record" conversation with police under s 138 of the Evidence Act 1995 (NSW) because it was improperly obtained and/or under s 137 because the probative value is outweighed by the danger of unfair prejudice to the accused - No impropriety by police officer established – Danger of unfair prejudice not outweighed by probative value of evidence – Application to exclude evidence rejected Legislation Cited: Criminal Procedure Act 1986 (NSW) Evidence Act 1995 (NSW) Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) Cases Cited: Gan v Xie [2023] NSWCA 163; (2023) 378 FLR 418 Category: Procedural rulings Parties: Rex (Crown) Russel Rajapakse (Accused) Representation: Counsel: C Young (Crown) N Carroll (Accused)
Solicitors: Solicitor for Public Prosecutions (NSW) (Crown) Simon Joyner Lawyers (Accused) File Number(s): 2020/00308992 Publication restriction: Nil
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