R v Wayne Rodney SCHNEIDER (No 1) [2010] NSWDC 6

New South Wales District Court

CITATION: R v Wayne Rodney SCHNEIDER (No 1) [2010] NSWDC 6 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S): 8 - 9 February 2010

JUDGMENT DATE: 9 February 2010

JURISDICTION: District Court Criminal

JUDGMENT OF: Berman SC DCJ

DECISION: The evidence to be admitted

CATCHWORDS: CRIMINAL LAW - Judgment - Admissibility of evidence - Photo identification - Assessment of risk of unfair prejudice - Displacement effect

LEGISLATION CITED: Evidence Act 1995

R v Bakir [2009] NSWDC 12 R v Blick [2000] NSWCCA 61; (2000) 111 A Crim R 325 CASES CITED: R v Fisher [2001] NSWCCA 380 R v Mundine [2008] NSWCCA 55 R v Shamouil [2006] NSWCCA 112; 66 NSWLR 228

PARTIES: The Crown Wayne Rodney SCHNEIDER

FILE NUMBER(S): DC 2009/8191

COUNSEL: Ms T Smith (Crown) Mr C Heliotis QC, Mr A Djemal (Defendant)

SOLICITORS: Director of Public Prosection Galloways

JUDGMENT

1 HIS HONOUR: On 11 February 2006 a group of people approached a nightclub in the Kings Cross area called the Sapphire Club. They were seeking admission to the club but those responsible for deciding who could enter the club would only let a number of the group into the club. This caused some tension between at least one member of the group and those responsible for admission to the club. After matters were dealt with verbally for some time a member of the group punched a member of the staff of the Sapphire Club. Security guards employed at the club reacted, as did many of the members of the group seeking admission. What I have described so far was captured on CCTV footage. However, at this stage, both the security guards and the group moved out of camera range. Off camera someone produced a pistol and shot one of the security guards, Willy Brown, in the leg. That has led to the accused facing the charge of maliciously inflicting grievous bodily harm with intent. He was arraigned on that charge yesterday and pleaded not guilty.