R v JH (No 2) [2014] NSWSC 1965

Supreme Court New South Wales

Medium Neutral Citation: R v JH (No 2) [2014] NSWSC 1965 Date of orders: 28 August 2014 Decision date: 28 August 2014 Jurisdiction: Common Law - Criminal Before: Hall J Decision: Application for exclusion of evidence is refused Catchwords: EVIDENCE – admissibility of evidence relating to a knife found in the vicinity of the crime scene Legislation Cited: Evidence Act 1995 Cases Cited: R v Shamouil [2006] NSWCCA 112 R v XY [2013] NSWCCA 121 Category: Procedural and other rulings Parties: Regina (Crown) JH (Accused) Representation: Counsel: P Leask (Crown) J Hickleton (Accused)

Solicitors: Solicitor for Public Prosecutions (Crown) Uther Webster & Evans (Accused) File Number(s): 2011/190145 Publication restriction: Non-publication order made in respect of the name of the Accused and all witnesses who were underage at the time of the offence

JUDGMENT 1. Ms Hickleton, counsel for the accused JH, has objected to the admission of evidence during the course of the trial relating to the presence of a knife in the vicinity of 39 Restwell Road, Bossley Park. 2. The basis of the objection is the danger of unfair prejudice to the accused if the evidence is admitted. 3. I note that evidence has already been admitted in this trial as to (2) above, including photographs of a knife contained in Exhibit A. Ms Hickleton has made an application that further evidence in relation to the knife be excluded and that, in the event I make such a ruling, appropriate directions be given to the jury regarding the existing evidence.