JD v R [2012] NSWCCA 274

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: JD v R [2012] NSWCCA 274 Hearing dates: 15 November 2012 Decision date: 14 December 2012 Before: McClellan CJ at CL at [1] Rothman J at [31] Bellew J at [32] Decision: Grant leave to appeal but dismiss the appeal. Catchwords: CRIMINAL LAW - appeal - conviction - admission of evidence - whether trial judge erred in refusing to admit documents contemporaneously prepared by the applicant - where trial judge made admission of documents conditional on removal of prejudicial portions - whether document admissible under s 66A of the Evidence Act 1995 - whether document admissible under s 108 of Evidence Act 1995 - fresh evidence - new evidence - where document referred to in written and oral submissions at trial. Legislation Cited: Crimes Act 1900 Evidence Act 1995 Cases Cited: R v Abou-Chabake [2004] NSWCCA 356; (2004) 149 A Crim R 417 TKWJ v The Queen [2002] HCA 46; (2002) 212 CLR 124 Wood v R [2012] NSWCCA 21 Category: Principal judgment Parties: JD (Applicant) Crown Representation: Counsel: D Dalton SC (Applicant) H Wilson (Crown) Solicitors: Nikola Velcic & Associations (Applicant) Solicitor for Public Prosecutions (Crown) File Number(s): 2010/392776 Decision under appeal Date of Decision: 2011-12-21 00:00:00 Before: Leatherbarrow DCJ File Number(s): 2010/392776