R v Barton [2006] NSWSC 1495

New South Wales Supreme Court

CITATION : R v Barton [2006] NSWSC 1495

HEARING DATE(S) : 08/06/2006

JUDGMENT DATE : 8 June 2006

JUDGMENT OF : Buddin J

DECISION : Objection to evidence concerning subject matter of blackmail upheld.

CATCHWORDS : Charge of murder - Crown relies on fact that deceased blackmailed accused as providing motive for his death - objection to tender of evidence concerning subject matter of blackmail

LEGISLATION CITED : Evidence Act

Harriman v The Queen (1989) 167 CLR 590 R v Blick (2000) 111 A Crim R 326 CASES CITED : R v Clark [2001] NSWCCA 494 R v Kovacs (2000) 111 A Crim R 374 R v Quach [2002] NSWCCA 519

PARTIES : Regina James Harry Barton

FILE NUMBER(S) : SC 2005/1623

COUNSEL : D Howard SC (Crown) Ms D Yehia (Accused)

SOLICITORS : S Kavanagh (Solicitor for Director of Public Prosecutions) Legal Aid Commission (Accused)

IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

BUDDIN J

THURSDAY 8 JUNE 2006

1623/2005 - REGINA v JAMES HARRY BARTON

JUDGMENT – Admissibility of evidence concerning subject matter of blackmail

1 HIS HONOUR: Objection was taken on behalf of the accused to certain evidence upon which the Crown seeks to rely at his trial. The accused is charged with a number of offences. The first count charges him with the murder of M. between 2 and 5 September 2004. He is also charged with the murder of M.'s three-year-old daughter, N., between 3 and 6 September 2004. He is further charged with having attempted to murder M.'s five-year-old son, J., on 4 September 2004. In the alternative to that count, he is charged with maliciously destroying property intending thereby to endanger the life of J. (Because N. and J. were children it is necessary to protect their identity and that of other family members).