R v Rogerson; R v McNamara (No 17) [2016] NSWSC 38

Supreme Court New South Wales

Medium Neutral Citation: R v Rogerson; R v McNamara (No 17) [2016] NSWSC 38 Hearing dates: 9 February 2016 Date of orders: 09 February 2016 Decision date: 09 February 2016 Jurisdiction: Common Law Before: Bellew J Decision: See [14] Catchwords: CRIMINAL LAW – Evidence – Evidence of a kind which may be unreliable – Where witness pleaded guilty and was sentenced to a term of imprisonment – Where witness offered to assist police and made a statement – Evidence that witness was motivated to assist by the prospect of a reduction in his sentence – Where representations were made to the Governor of NSW for reduction in sentence based on the assistance which was given – Where witness gave evidence in accordance with his statement – Where no decision had been made as to a possible reduction in his sentence as at the date on which he gave evidence – Where counsel for accused sought a direction under s. 165 of Evidence Act 1995 – Opposed by the Crown – Direction given 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