Rice v R (No 1) [2014] NSWSC 1400

Supreme Court New South Wales

Medium Neutral Citation: Rice v R (No 1) [2014] NSWSC 1400 Hearing dates: 9 October 2014 Decision date: 14 October 2014 Jurisdiction: Common Law Before: Bellew J Decision: The notice of motion is dismissed. Catchwords: EVIDENCE – accused indicted for conspiracy to murder – evidence of accused's DNA found on cigarette butt in vehicle allegedly used by him in the course of the conspiracy – cigarette butt destroyed following scientific analysis – accused deprived of the opportunity to independently test the item – where other items located in the vicinity of the cigarette butt not seized and tested - whether evidence of DNA analysis should be excluded on the basis of unfair prejudice – whether, in the event of the evidence being admitted, the jury should be directed about the disadvantage to the accused as a consequence of the destruction of evidence Legislation Cited: Evidence Act 1995 Cases Cited: Ainsworth v Burden [2005] NSWCA 174 El Bayeh v The Queen [2011] VSCA 44; (2011) 208 A Crim R 541 R v Helmling (NSWCCA 11 November 1993 unreported) R v Lobban [2000] SASC 48 R v Slattery [2002] NSWCCA 367 R v Yates [2002] NSWCCA 520 Category: Principal judgment Parties: Colin Ray Rice – Accused Regina – Crown Representation: Counsel: Mr C Watson – Accused Mr P Barrett - Crown File Number(s): 2012/380633

Judgment

Judgment

THE APPLICATION 1. Colin Ray Rice ("the accused") has pleaded not guilty to an indictment alleging that he conspired to murder Dusan Krstic. His trial, and those of three co-accused, is to commence before me on 20 October 2014. 2. In support of its case, the Crown relies upon evidence of the presence of the accused's DNA on a cigarette butt found in an abandoned Holden Station Wagon ("the vehicle") said to have been used by the accused in the course of the alleged conspiracy. By notice of motion dated 8 October 2014 the accused seeks the exclusion of that evidence.