R v Taber & Styman [2005] NSWSC 1035

New South Wales Supreme Court

CITATION : R v Taber & Styman [2005] NSWSC 1035

HEARING DATE(S) : 6 October 2005

JUDGMENT DATE : 13 October 2005

Common Law Division JURISDICTION : Criminal List

JUDGMENT OF : Studdert J

DECISION : Application granted.

LEGISLATION CITED : Evidence Act, ss 65, 67, 135, 137

Adam v The Queen (2001) 207 CLR 96 Li v The Queen (2003) 139 A Crim R 281 Papakosmas v The Queen (1999) 196 CLR 297 R v Blick (2000) 101 A Crim R 326 CASES CITED : R v Carusi (1997) 92 A Crim R 52 R v Cook [2004] NSWCCA 52 R v Suteski (2002) 56 NSWLR 182 R v Taber & Styman [2004] NSWCCA 245 R v NZ [2005] NSWCCA 278

Regina v Peter Taber PARTIES : Regina v Ian Craig Styman

FILE NUMBER(S) : SC 2002/120; 2002/118

A. Robertson (Crown) COUNSEL : G. Wendler (Taber) G. Kumarasinhe (Styman)

S. Kavanagh (Crown) SOLICITORS : Van Houten Solicitors (Accused)

LOWER COURT JURISDICTION :

IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION CRIMINAL LIST

STUDDERT J

Thursday 13 October 2005

2002/120 REGINA v PETER DAVID TABER 2002/118 REGINA v IAN CRAIG STYMAN

JUDGMENT 1 HIS HONOUR: This is an application pursuant to s 65(3) of the Evidence Act, seeking to introduce evidence of previous representations made by Shannon Styman in the course of giving evidence. The application is opposed by Mr Wendler on behalf of the accused Peter Taber and by Mr Kumarasinhe on behalf of the accused Ian Styman. 2 It is necessary to record the background to this application. 3 The accused presently before the Court stood trial, together with Shannon Styman, charged, inter alia, with the murder of the deceased and with the further offence of breaking and entering the dwelling of the deceased and committing a serious indictable offence, namely robbery in circumstances of aggravation. The circumstances of aggravation were being in the company of each other and depriving the deceased of her liberty. 4 The jury found the accused Peter Taber and Ian Styman guilty of murder and of aggravated robbery. However, the jury found the accused Shannon Styman not guilty of murder but guilty of manslaughter and of aggravated robbery. 5 The trial judge sentenced Shannon Styman to eight years imprisonment for aggravated robbery and to fourteen years imprisonment for manslaughter. That offender pursued no appeal either against his convictions or sentences. 6 On the other hand, Peter Taber and Ian Styman did appeal and the Court of Criminal Appeal upheld each appeal in relation to the conviction for murder. In each case, such conviction was quashed, as was the life sentence imposed. The sentences for aggravated robbery were also quashed ([2004] NSWCCA 245). 7 The Court of Criminal Appeal, having ordered that Peter Taber and Ian Styman be so tried, those accused are now before this Court standing trial for manslaughter. 8 At the earlier trial Shannon Styman gave evidence and his evidence inculpated both Peter Taber and Ian Styman as being parties to what happened to the deceased, Joy Alchin. So it was that relatively early in the course of this present trial the Crown called Shannon Styman to give evidence. 9 I record briefly what happened when Shannon Styman was called on 29 September 2005. He refused to take an oath and whilst the transcript records that he took an affirmation, he did not respond when an attempt was made to administer the affirmation. 10 I record what happened whilst he was in the witness box (T 462): "WITNESS: I have got nothing to say your Honour, sorry, but I have got nothing to say at all. HIS HONOUR: Be seated, thank you.