R v Rogerson; R v McNamara (No 45) [2016] NSWSC 452

Supreme Court New South Wales

Medium Neutral Citation: R v Rogerson; R v McNamara (No 45) [2016] NSWSC 452 Hearing dates: 14; 15 April 2016 Date of orders: 15 April 2016 Decision date: 15 April 2016 Jurisdiction: Common Law Before: Bellew J Decision: See [42] Catchwords: CRIMINAL LAW – Evidence – Account given by accused of death of deceased – Allegation of threats made by the co-accused at that time – Where terms of threat included a reference to a previous attempted murder of a police officer – Where further evidence of accused of conversation with the co-accused where the co-accused is alleged to have admitted his involvement in previous murders or attempted murders – Where evidence relied upon by accused in respect of duress – Whether probative value of the evidence was substantially outweighed by the danger of unfair prejudice – Evidence excluded Legislation Cited: Court Suppression and Non-publication Orders Act 2010 (NSW) Evidence Act 1995 (NSW) Cases Cited: IMM v R [2016] HCA 14 Papakosmas v R [1999] HCA 37; (1999) 196 CLR 297 R v Rogerson; R v McNamara (No 34) [2016] NSWSC 259 Seven Network Limited v News Limited (No 8) [2005] FCA 1348 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 Mr G Wendler – Accused McNamara

Solicitors: Director of Public Prosecutions – Crown Katsoolis and Co – Accused Rogerson AHA Taylor Lawyers – Accused McNamara File Number(s): 2014/157408; 2014/156921 Publication restriction: See [44]