R v Castaneda [2015] NSWSC 964

Supreme Court New South Wales

Medium Neutral Citation: R v Castaneda [2015] NSWSC 964 Hearing dates: 14 July 2015 Date of orders: 14 July 2015 Decision date: 14 July 2015 Jurisdiction: Common Law Before: Wilson J Decision: 1. Evidence of Cassandra Lucas is admitted, although not in its current form 2. Invacare evidence is excluded. 3. Evidence of Stephanie Seracco is excluded. Catchwords: CRIMINAL LAW – evidence – voir dire Legislation Cited: Evidence Act 1995 Cases Cited: Elias v R [2006] NSWCCA 365 R v Cakovski [2004] NSWCCA 280; (2004) 149 A Crim R 21 R v Hajistassi [2010] SASC 111 R v PP [2002] VSC 523; (2002) 135 A Crim R 575 Re Knowles [1984] VR 751 Category: Procedural and other rulings Parties: Regina Marcela Castaneda Representation: Counsel: P Barrett (Crown) P Strickland SC (Accused)

Solicitors: Solicitor for Public Prosecutions (Crown) Watsons Lawyers (Accused) File Number(s): 2013/56854 Publication restriction: Restricted to parties until a verdict is reached - Verdicts returned on 21 July 2015 and 30 July 2015

Judgment 1. HER HONOUR: Yesterday on 13 July 2015 the accused was arraigned on a charge that on 23 February 2013 at Cecil Hills in this State she murdered Gregory Peck. 2. The Court has today received evidence on the voir dire to resolve issues of admissibility of evidence sought to be led by one of the parties, which is objected to by the other party. The evidence in each case is from a witness who is resident in the United States of America and who is unavailable as a witness in this jurisdiction. 3. The accused seeks to lead evidence from Cassandra Lucas. The Crown seeks to lead evidence from Stephanie Seracco. There is an additional piece of evidence sought to be tendered by the accused referred to as the "Invacare evidence".