R v Grogan (No 2) [2013] NSWSC 1192

Supreme Court New South Wales

Medium Neutral Citation: R v Grogan (No 2) [2013] NSWSC 1192 Hearing dates: 14 August 2013 Decision date: 27 August 2013 Jurisdiction: Common Law - Criminal Before: R A Hulme J Decision: Evidence admissible Catchwords: EVIDENCE - criminal - evidence of flight - whether unfair prejudice - where defence rebuttal would require evidence of accused's prior offending and experience with police Legislation Cited: Evidence Act 1995 (NSW) Cases Cited: Penza and Di Maria v R [2013] NSWCCA 21 R v Cook [2004] NSWCCA 52 R v Taranto [1999] NSWCCA 396 Category: Procedural and other rulings Parties: Regina Jason Mark Grogan Representation: Counsel: Mr L Carr (Crown) Mr C Smith (Grogan) Solicitors: Solicitor for Public Prosecutions Legal Aid NSW File Number(s): 2012/17224

Judgment 1HIS HONOUR: Mr Smith, counsel for the accused, objected to the Crown leading evidence of three occasions upon which the accused ran away on the night of the alleged crime as evidence of "flight" from which the jury could draw a consciousness of guilt inference. I ruled that the evidence was admissible for the following reasons. 2The accused is charged with the murder of Mr Alan Henry at Gloucester on 19 April 2012. Mr Henry died on that date; the Crown says his death was caused by injuries he sustained when he was assaulted in his home by the accused on 10 January 2012. 3The accused and his partner (and co-accused) Natasha Slacke were living at Port Stephens. Ms Slacke had befriended Mr Henry, a relatively old man who lived on his own in Gloucester. She often attended his home and did chores for him in exchange for payment. The accused sometimes accompanied her. 4On 10 January 2012, the accused and Ms Slacke travelled to Gloucester. At about 4.30pm they were at the Caltex service station on the corner of Church and Philip Streets. Witnesses observed them to be involved in a heated argument. In the end, the accused left on foot. It is the Crown case that he went to the deceased's home in Gregson Street, about 250 metres from the service station.