R v Misiepo [2015] NSWSC 1533

Supreme Court New South Wales

Medium Neutral Citation: R v Misiepo [2015] NSWSC 1533 Hearing dates: 13 October 2015 Date of orders: 16 October 2015 Decision date: 16 October 2015 Jurisdiction: Common Law - Criminal Before: Hall J Decision: Evidence of flight admissible; Evidence of photographs found on accused's phone admissible; Evidence of note found at location where accused was staying admissible; Evidence of knife found not admissible. Catchwords: CRIMINAL LAW – pre-trial issues – admissibility of evidence – flight evidence – application of principles as to evidence of flight as evidence of consciousness of guilt – whether unfair prejudice that outweighs probative value of the evidence under s 137 Evidence Act 1995 – evidence of photographs of accused posing with weapon found on accused's phone – evidence of knife found in location to deceased not admissible – nothing to link knife to stabbing – evidence of note found – whether an admission against interest – evidence as to photographs and note admitted. Legislation Cited: Crimes Act 1900 Evidence Act 1995 Cases Cited: R v Cook [2004] NSWCCA 52 R v Steer [2008] NSWCCA 295 R v Heyde (1990) 20 NSWLR 234 Lau v R [2014] NSWCCA 179 Ainsworth v Burden [2005] NSWCA 174 R v Suteski (2002) 137 A Crim R 371 Papakosmas v R (1999) 196 CLR 297 R v Lucas [1981] 1 QB 720 Blackwell v The Queen [2011] NSWCCA 93 Category: Procedural and other rulings Parties: Regina (Crown) Chad Frederick Misiepo (Accused) Representation: Counsel: BG Campbell (Crown) D Carroll (Accused)