R v Keli LANE [No 5] [2010] NSWSC 1532

New South Wales Supreme Court

CITATION : R v Keli LANE [No 5] [2010] NSWSC 1532

HEARING DATE(S) : 09/08/2010 - 13/12/2010

JUDGMENT DATE : 23 August 2010

JUDGMENT OF : Whealy J

CATEGORY : Procedural and other rulings

R v Edwards (1993) 178 CLR 193 R v Spathis [2001] NSWCCA 476 R v Ray (2003) 57 NSWLR 616 CASES CITED : R v Adam (1999) 106 A Crim R 510 R v Cook [2004] NSWCCA 52 R v Lam (2008) 185 A Crim R 453 Healey v R [2008] NSWCCA 229

PARTIES : Regina (Crown) Keli LANE (Accused)

FILE NUMBER(S) : SC 2009/256171

COUNSEL : M Tedeschi QC / H Baker (Crown) K Chapple SC / S Sloane (Accused)

SOLICITORS : Director of Public Prosecutions (Crown) K Laurie, Archbold Legal Solutions (Accused)

LOWER COURT JURISDICTION : Supreme Court

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

WHEALY J

MONDAY 23 AUGUST 2010

2009/256171 REGINA v Keli LANE

JUDGMENT – Re admissibility of evidence – see p 552 of transcript 1 HIS HONOUR: I trust I do no injustice to the Crown submission by the following summary. The Crown, conscious of the fact that MFI 3 contained introductory directions to the jury, suggested nevertheless that the terms of the direction, particularly in paragraphs 1, 2 and 3, which were directions in connection with the birth of Tegan, and the identity of her male parent, the jury may have got the impression that lies could never be used as evidence in a Crown case of an accused person's guilt. It was for that reason the Crown suggested an addendum.