R v Rogerson; R v McNamara (No 12) [2015] NSWSC 1099

Supreme Court New South Wales

Medium Neutral Citation: R v Rogerson; R v McNamara (No 12) [2015] NSWSC 1099 Hearing dates: 3 August 2015 Date of orders: 11 August 2015 Decision date: 11 August 2015 Jurisdiction: Common Law Before: Bellew J Decision: See paragraph [75]; [80] Catchwords: CRIMINAL LAW – Evidence – Where counsel for accused opened to jury raising good character of the accused – Where Crown sought leave to cross- examine the accused and lead evidence of bad character in reply – Where advance ruling sought – Whether evidence would unduly add to the length of the trial – Whether evidence important – Weight to be attached to the evidence – Whether unfair to the accused – Advance ruling made granting the Crown's application for leave

CRIMINAL LAW – Evidence – Where counsel for accused opened to jury raising good character of the accused – Where Crown sought leave to cross-examine the accused and lead evidence of bad character in reply - Where counsel for co-accused made application for leave to cross-examine on the same evidence – Where such application made independently of the application for leave made by the Crown – Whether evidence relevant and admissible – Advance ruling made refusing the application for leave

WORDS AND PHRASES – "Unduly" Legislation Cited: Criminal Procedure Act 1986 (NSW) Drug Misuse and Trafficking Act 1985 (NSW) Evidence Act 1995 (NSW) Cases Cited: Attwood v R [1960] HCA 15; (1960) 102 CLR 353 Bishop v R [2013] VSCA 273 Donnini v R [1972] HCA 71; (1972) 128 CLR 114 Gabriel v The Queen (FCA unreported 25 June 1997) Huges (a Pseudonym) v R [2013] VSCA 338 Lowery v R [1974] AC 85 Phillips v The Queen (1985) 159 CLR 45 R v Bracewell (1978) 68 Cr App R 44 R v Gibb and McKenzie [1983] 2 VR 155 R v Rogerson, R v McNamara (No 3) [2015] NSWSC 965 R v Rogerson; R v McNamara (No 8) [2015] NSWSC 1036 R v Fuller (1994) 34 NSWLR 233 R v Miller (1952) 36 Cr App Rep 169 R v PKS (NSWCCA unreported 1 October 1998) R v Stalder (1981) 2 NSWLR 9 R v Zurita [2002] NSWCCA 22 Stanoevski v R [2001] HCA 4; (2001) 202 CLR 115 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