R v Vulovic (No. 3) [2012] NSWSC 211

Supreme Court New South Wales

Medium Neutral Citation: R v Vulovic (No. 3) [2012] NSWSC 211 Hearing dates: 23 November 2011 - 8 December 2011 Decision date: 15 March 2012 Jurisdiction: Common Law - Criminal Before: Johnson J Decision: The warnings sought by the Accused under s.165 Evidence Act 1995 concerning the evidence of Mr Plavsic are declined Catchwords: CRIMINAL LAW - murder trial - application for warnings under s.165 Evidence Act 1995 - three persons in house: the Accused, the deceased and the principal Crown witness - deceased stabbed - defence case that principal Crown witness must have been the killer - s.165(1)(d) unreliability direction sought - further s.165 unreliability direction sought based upon intoxication of principal Crown witness - whether matters which might adversely affect reliability of evidence of Crown witness would readily be understood and appreciated by jury - whether jury might be misled in making assessment or evaluation of evidence without s.165 warning - s.165 warnings declined Legislation Cited: Evidence Act 1995 Cases Cited: R v Taranto; R v Freeman [1999] NSWCCA 396 R v Baartman [2000] NSWCCA 298 R v Stewart [2001] NSWCCA 260; 52 NSWLR 301 GAR v R (No. 2) [2010] NSWCCA 164 Kutschera v R [2010] NSWCCA 150 Texts Cited: --- Category: Procedural and other rulings Parties: Regina (Crown) Milija Vulovic (Accused) Representation: Mr T R Bailey (Crown) Mr GA Brady; Mr H Chiu (Accused) Director of Public Prosecutions (Crown) Nyman Gibson Stewart (Accused) File Number(s): 2009/250160 Publication restriction: ---