R v Rogerson; R v McNamara (No 6) [2015] NSWSC 1015

Supreme Court New South Wales

Medium Neutral Citation: R v Rogerson; R v McNamara (No 6) [2015] NSWSC 1015 Hearing dates: 5 June 2015 Date of orders: 27 July 2015 Decision date: 27 July 2015 Jurisdiction: Common Law Before: Bellew J Decision: See paragraph [16] Catchwords: EVIDENCE – Tendency Evidence relied upon by the Crown – Whether evidence met the test of significant probative value Legislation Cited: Evidence Act 1995 (NSW) Cases Cited: GBF v R [2010] VSCA 135 KMJ v State of Tasmania [2011] TASCCA 7; (2011) 20 Tas R 425; 218 A Crim R 87 O'Keefe v R [2009] NSWCCA 121 R v Ford [2009] NSWCCA 306; (2009) 201 A Crim R 451 R v Shamouil [2006] NSWCCA 112; (2006) 66 NSWLR 228 R v XY [2013] NSWCCA 121; (2013) 84 NSWLR 363; 231 A Crim R 474 Saoud v R [2014] NSWCCA 136; 87 NSWLR 481 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

Solicitors: Director of Public Prosecutions - Crown Katsoolis and Co – Accused Rogerson Kings Law Group – Accused McNamara File Number(s): 2014/1574082014/156921 Publication restriction: Nil

Judgment

INTRODUCTION 1. Roger Caleb Rogerson ("Rogerson") and Glen Patrick McNamara ("McNamara") have previously pleaded not guilty to an indictment alleging: 1. the murder of Jamie Gao ("the deceased") on 20 May 2014; and 2. the supply of a prohibited drug, namely 2.78 kilograms of methylamphetamine, being an amount not less than the large commercial quantity applicable to that drug. 1. On 5 June 2015 the Crown presented an amended indictment which, as against Rogerson, pleaded (as an alternative to the first count) a count alleging an offence of being an accessory after the fact to murder. Rogerson has pleaded not guilty to that alternative count.