R v Rogerson; R v McNamara (No 7) [2015] NSWSC 1029

Supreme Court New South Wales

Medium Neutral Citation: R v Rogerson; R v McNamara (No 7) [2015] NSWSC 1029 Hearing dates: 5 June 2015 Date of orders: 14 July 2015 Decision date: 14 July 2015 Jurisdiction: Common Law Before: Bellew J Decision: See paragraphs [8], [9], [10], [12], [13], [15], [17], [19], [21], [22], [23], [25], [27], [29], [31], [32], [34], [36], [38], [40], [42], [43], [45], [47], [49], [51], [52], [54], [55], [57], [59], [60], [62], [63]. Catchwords: EVIDENCE – Evidence of hearsay representations of deceased – Whether admissible Legislation Cited: Evidence Act 1995 (NSW) 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 and Glen Patrick McNamara have each 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. A further count (in the alternative to (i) above) has been brought against Rogerson alleging an offence of being accessory after the fact to murder. Rogerson has pleaded not guilty to that alternative count. 2. By notices dated issued pursuant to s. 67 of the Evidence Act 1995 ("the Act") the Crown has indicated an intention to adduce evidence of previous representations made by a person who is unavailable to give evidence, namely the deceased. Having heard argument, I outlined to the parties on 14 July 2015 those representations which I concluded should be admitted into evidence. My reasons for that determination now follow.