NSW Caselaw
Reported Decision : 57 NSWLR 82 141 A Crim R 164
New South Wales Supreme Court
CITATION : R v Cornwell [2003] NSWSC 97 revised - 19/08/2004 HEARING DATE(S) : 04/02/2003 - 13/02/2003 JUDGMENT DATE : 20 February 2003
JUDGMENT OF : Howie J at 1 DECISION : Evidence that the Crown sought to tender against the accused would be admitted subject to rulings to be made on specific parts of it under s 137 of the Evidence Act.
CATCHWORDS : Criminal Law and Procedure - Admissibility of listening device material - s 138 Evidence Act - whether mistatement in application for warrant improper - whether recorded conversations should be edited - admissibility of evidence of uncharged criminal conduct to prove relationship of alleged co-conspirators. LEGISLATION CITED : Evidence Act 1995 - ss 137, 138, 139, 48(1), 97 Customs Act (Cth) 1901 DPP v Carr [2002] NSWASC 194 R v Dalley [2002] NSWCCA 284 CASES CITED : R v Dellapatrona and Duffield (1993) 31 NSWLR 123 Butera v DPP (Vic) (1987) 164 CLR 180 R v Quach [2002] NSWCCA 519 Harriman v The Queen (1989) 167 CLR 590 PARTIES : Regina v Richard Bruce Cornwell FILE NUMBER(S) : SC 70223/02 Mr P. Roberts SC - Crown COUNSEL : Mr P. Boulten with Mr P. Williams - Accused Mr I. Temby - ACC Commonwealth DPP SOLICITORS : Paul Hardin, Solicitor Mr Bonnici - ACC Solicitor
IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION
HOWIE J
THURSDAY 20 FEBRUARY 2003
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