R v Rogerson; R v McNamara (No 39) [2016] NSWSC 358

Supreme Court New South Wales

Medium Neutral Citation: R v Rogerson; R v McNamara (No 39) [2016] NSWSC 358 Hearing dates: 31 March 2016 Date of orders: 31 March 2016 Decision date: 31 March 2016 Jurisdiction: Common Law Before: Bellew J Decision: See [33] Catchwords: CRIMINAL LAW – Evidence – Recorded conversation to which accused a party – Whether conversation privileged – Whether probative value outweighed by the danger of unfair prejudice or the danger of the evidence being misleading or confusing Legislation Cited: Evidence Act 1995 (NSW) Cases Cited: Papakosmas v R (1999) 196 CLR 297; [1999] HCA 37 R v Rogerson; R v McNamara (No 31) (2016) NSWSC 195 Saffron v The Director of Public Prosecutions; Allen v The Director of Public Prosecutions (1989) 16 NSWLR 397 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 EX TEMPORE - REVISED 1. The Crown seeks to lead evidence of two conversations between the accused Rogerson and his wife which were recorded at a time when Rogerson was in custody. 2. Objection has been taken by Mr Thomas, who appears for Rogerson, to parts of those conversations. Ms Shead, who appears for McNamara, has not sought to be heard.