R v Dwayne Anthony CARR (No 2) [2011] NSWSC 724

Supreme Court New South Wales

Medium Neutral Citation: R v Dwayne Anthony CARR (No 2) [2011] NSWSC 724 Hearing dates: 12/07/2011 Decision date: 13 July 2011 Jurisdiction: Common Law - Criminal Before: Rothman J Decision: The ERISP, or evidence of statements made in the interview, is inadmissible. Catchwords: EVIDENCE - admissibility - lies as consciousness of guilt - unfair prejudice - misleading or confusing evidence in the context of the proceedings - same lie told be innocent persons and the accused Legislation Cited: Evidence Act 1995 Law Enforcement (Powers and Responsibilities) Act 2002 Cases Cited: Edwards v R [1993] HCA 63; (1993) 178 CLR 193 R v Adam [1999] NSWCCA 189; (1999) 106 A Crim R 510 R v Cook [2004] NSWCCA 52 R v Esposito (1998) 105 A Crim R 27 R v Horton (1998) 104 A Crim R 306 R v Keli LANE (No 13) [2010] NSWSC 1540 Category: Procedural and other rulings Parties: Regina (Crown) Dwayne Anthony Carr (Accused) Representation: G Tabuteau (Crown) R J Webb (Accused) Office of the Director of Public Prosecutions (Crown) Frontier Law Group (Accused) File Number(s): 2010/143570

Judgment 1The Court has before it an accused charged with manslaughter and, alternatively, with recklessly inflicting grievous bodily harm. The circumstances are in short compass. The Crown seeks to tender an electronically recorded interview of 28 April 2010 with the accused. The accused objects to its tender.