R v Rogerson; R v McNamara (No 23) [2016] NSWSC 103

Supreme Court New South Wales

Medium Neutral Citation: R v Rogerson; R v McNamara (No 23) [2016] NSWSC 103 Hearing dates: 12 February 2016; 15 February 2016 Date of orders: 22 February 2016 Decision date: 22 February 2016 Jurisdiction: Common Law Before: Bellew J Decision: See [37] – [38] Catchwords: CRIMINAL LAW – Evidence – Evidence of gunshot residue on clothes worn by accused on the day of the murder of deceased – Whether evidence relevant – Whether evidence unfairly prejudicial Legislation Cited: Evidence Act 1995 (NSW) Cases Cited: Nye v New South Wales [2002] NSWSC 1270 Papakosmas v R [1999] HCA 37; (1999) 196 CLR 297 R v SJRC [2007] NSWCCA 142 R v Yates [2002] NSWCCA 520 Zaknic v Svelte Corp Pty Limited (1995) 140 ALR 701 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 1. Objection has been taken by counsel for the accused Rogerson to evidence sought to be led by the Crown of the analysis of items of clothing seized from Rogerson's premises and which were found to contain traces of gunshot residue. Counsel for McNamara does not oppose the admission of the evidence, and indeed has actively supported it. 2. In order to place the issue in its proper context it is necessary for me to set out the background against which it arises.