R v Rogerson; R v McNamara (No 15) [2015] NSWSC 1892

Supreme Court New South Wales

Medium Neutral Citation: R v Rogerson; R v McNamara (No 15) [2015] NSWSC 1892 Hearing dates: 4 December 2015 Date of orders: 11 December 2015 Decision date: 11 December 2015 Jurisdiction: Common Law Before: Bellew J Decision: See paragraph [23] Catchwords: CRIMINAL LAW – Evidence – Accused charged with murder – Evidence of accused at shooting range before and after deceased's murder – Whether evidence relevant 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 Ms K Shead - Accused McNamara

Solicitors: Director of Public Prosecutions - Crown Katsoolis and Co - Accused Rogerson Kings Law Group - Accused McNamara File Number(s): 2014/157408; 2014/156921 Publication restriction: Nil

JUDGMENT

INTRODUCTION 1. By notice of motion filed on 13 November 2015 the accused Glen Patrick McNamara ("McNamara") has sought a number of pre-trial orders. This judgment relates to the order sought in paragraph 9 of that motion which is in the following terms: An order that evidence relating to the applicant's attendance at the Condell Park Indoor Firearms Range on 13 May 2014 and 22 May 2014 be excluded pursuant to s. 137 of the Evidence Act 1995. 1. As between the Crown and counsel for McNamara, the issue has been largely resolved. However, counsel for the co-accused Roger Caleb Rogerson ("Rogerson") has made a number of submissions which require some issues to be determined. 2. A Crown case statement has been filed in the proceedings. Its contents are set out in full in a number of previous judgments and accordingly I wil not repeat them. The Crown case statement sets out the context in which I must determine the present issues.