R v Medich (No 8) [2016] NSWSC 1713

Supreme Court New South Wales

Medium Neutral Citation: R v Medich (No 8) [2016] NSWSC 1713 Hearing dates: 18 October 2016 Date of orders: 09 December 2016 Decision date: 09 December 2016 Jurisdiction: Common Law Before: Bellew J Decision: See [48];[52];[56];[59] Catchwords: CRIMINAL LAW – Evidence – Where the Crown sought to lead evidence of the relationship between the accused and the deceased – Where some of the evidence was constituted by representations of the deceased – Whether evidence admissible – Evidence admitted

CRIMINAL LAW – Evidence – Where the Crown sought to lead evidence of the relationship between the accused and the deceased – Where Crown relied upon statements made by the deceased to his wife – Evidence not admitted

CRIMINAL LAW – Evidence – Where the Crown sought to lead evidence of the relationship between the accused and the deceased – Where Crown relied upon statements made by the deceased to a journalist shortly before his death – Whether the statement of the deceased were statements of his feelings, intentions, knowledge and state of mind – Where statements amounted to an expression of an opinion by the deceased as to the intentions of the accused – Evidence not relevant to any fact in issue – Evidence excluded

CRIMINAL LAW – Evidence – Where the Crown sought to lead evidence of the relationship between the accused and the principal Crown witness – Where evidence included evidence of the witness and others threatening people on behalf of the accused – Evidence of threats unfairly prejudicial to the accused and excluded – Balance of the evidence admitted Legislation Cited: Crimes Act 1900 (NSW) Crimes (Domestic and Personal Violence) Act 2007 (NSW) Evidence Act 1995 (NSW) Cases Cited: IMM v The Queen (2016) 330 ALR 382; [2016] HCA 14 Festa v The Queen (2001) 208 CLR 593; [2001] HCA 72 Papakosmas v The Queen (1999) 196 CLR 297; [1999] HCA 37 R v Hillier (2004) 154 ACTR 46; [2004] ACTSC 81 R v Serratore (1999) 48 NSWLR 101; [1999] NSWCCA 377 Ratten v The Queen [1972] AC 378 Seven Network Limited v News Limited (No 8) [2005] FCA 1348 Standen v R [2015] NSWCCA 211 Wilson v The Queen (1970) 123 CLR 334; [1970] ALR 687 Category: Principal judgment Parties: Regina – Crown Ronald Edward Medich – Accused Representation: Counsel: G O'Rourke SC and S Harris – Crown WC Terracini SC, M Curry and S Schaudin – Accused