Regina v Bruce Allan Burrell [2001] NSWSC 120

New South Wales Supreme Court

CITATION : Regina v Bruce Allan Burrell [2001] NSWSC 120 FILE NUMBER(S) : SC 70004/2000 HEARING DATE(S) : 29 January 2001 to 1 March 2001 JUDGMENT DATE : 5 March 2001

PARTIES : Regina Bruce Allan BURRELL JUDGMENT OF : Sully J

COUNSEL : S. Newport SC/Miss L. Wells - Crown D. Dalton/M. Thangaraj - Accused SOLICITORS : I. V. Knight - Crown Legal Aid Commission - Accused LEGISLATION CITED : Evidence Act 1995 NSW Search Warrants Act 1985 NSW Singh-Bal (1997) 92 A Crim R 397 at 403 Jol (unreported, NSW CCA 8 October 1991) Polkinghorne (1999) NSWCC 704 at par 51 Blick (2000) 111 A Crim R 326 CASES CITED : Crowley & ors v Murphy (1981) 52 FLR 123 at 141 Trimboli and Onley, unreported, NSWSC, 4 December 1981 Gibson (1999) 110 A Crim R 180 at 187 Pressler v Holzberger (1989) 44 A Crim R 261 at 271, 272 Lawrie v Muir (1950) JC 19 DECISION : On admission of "dot-point" documents - admitted; On admission of evidence conerning an issue of the 'Business Review Weekly' - excluded; On admission of evidence of images recorded on 6 May 1997 by security video cameras installed at the Park Royal Hotel, Parramatta and of images recorded of police reconstructions - admitted; On admission of evidence in connection with a quantity of firearms in the possession of the accused on 21 May 1997 - excluded; On admission of evidence of proposed witnesses Miss Pritchett and Mr. Buckley - excluded; On admission of evidence respecting a telephone call made on 23 May 1997 to Crown Equipment Pty Ltd - admitted; On admission of evidence relating to inquiries made by the accused in February 1997 to Tasmania Development and Resources; and relating to a query made by the accused in early January 1997 of a lady acquaintance as to her willingness to live on a farm in Tasmania - excluded; On admission of two particular telephone conversations on 23 May 1997 between the accused and certain of his neighbours - admitted; On admission of evidence from Mr. K. J. Best and from Miss/Mrs Lucienne Joy - excluded; On admission of evidence in connection with a typewriter seized on 22 May 1997 during a lawful search of the accused's premises - admitted; On admission of evidence respecting a bottle containing traces of chloroform - excluded; On admission of certain evidence of James Whelan - excluded; On admission of parts of the proposed evidence of Amanda Minton-Taylor - excluded