R v Rogerson; R v McNamara (No 5) [2015] NSWSC 1014

Supreme Court New South Wales

Medium Neutral Citation: R v Rogerson; R v McNamara (No 5) [2015] NSWSC 1014 Hearing dates: 5 June 2015; 22 July 2015; 24 July 2015 Date of orders: 27 July 2015 Decision date: 27 July 2015 Jurisdiction: Common Law Before: Bellew J Decision: See paragraph [37] Catchwords: EVIDENCE – Observations by witness as to demeanour of accused – Whether evidence of observations was evidence of opinion – Whether evidence relevant

EVIDENCE - Observations by witness of a "lump" in accused's pocket - Where Crown sought to infer that the lump was a gun - Where deceased killed by a the hand gun - Where hand gun not recovered - Where observation of the lump was made several hours following the death of the deceased - Where co-accused asserting duress constituted by threats with firearm - Whether evidence relevant

EVIDENCE - Evidence threatening of statements made by the accused regarding the daughters of the co-accused - Where co-accused asserting duress constituted by threats with firearm - Whether evidence of statements relevant Legislation Cited: Evidence Act 1995 (NSW) Cases Cited: Fletcher v R [2015] VSCA 146 Lynch v Director of Public Prosecutions for Northern Ireland [1975] AC 653 Nye v New South Wales [2002] NSWSC 1270 R v Abusafiah (1991) 24 NSWLR 531 R v Dawson [1978] VR 536 R v Hillier [2007] HCA 13; (2007) 228 CLR 618 R v Hurley and Murray [1967] VR 526 R v Lawrence [1980] 1 NSWLR 122 R v Rogerson; R v McNamara (No 1) [2015] NSWSC 592 R v Rogerson; R v McNamara (No 3) [2015] NSWSC 965 Zaknic v Svelte Corp Pty Limited (1995) 140 ALR 701 Category: Procedural and other rulings Parties: Regina – Crown Roger Caleb Rogerson - Accused Glen Patrick McNamara – Accused Representation: Counsel: Mr C Maxwell QC - Crown Mr G Thomas – Accused Rogerson Mr C Waterstreet – Accused McNamara