NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: R v Xie (No 10) [2014] NSWSC 1976 Hearing dates: 10 June 2014 Decision date: 10 June 2014 Jurisdiction: Common Law - Criminal Before: Johnson J Decision: 1. Evidence of Ms AB contained in statement dated 29 May 2014 is admissible and ought not be excluded under s.137 Evidence Act 1995. 2. Order discharging jury in the trial of the Accused. Catchwords: CRIMINAL LAW - murder trial - significant new evidence becomes known to Crown during trial of Accused - whether evidence relevant - if relevant, whether evidence ought be excluded under s.137 Evidence Act 1995 - evidence from surviving daughter of Lin family that Accused showed sexual interest in her before murders and sexually assaulted her after the murders when she resided in Accused's house - evidence relevant to issues in trial including motive - evidence admissible and should not be excluded under s.137 - application to discharge jury given significant change in Crown case - Crown agrees that discharge appropriate - jury discharged Legislation Cited: Evidence Act 1995 Cases Cited: Crofts v The Queen [1996] HCA 22; 186 CLR 427 R v Xie (No. 4) [2014] NSWSC 500 Texts Cited: --- Category: Procedural and other rulings Parties: Regina (Crown) Lian Bin (Robert) Xie (Accused) Representation: Counsel: Mr M Tedeschi AM QC; Ms KN Shead (Crown) Mr GW Turnbull SC; Mr L Fernandez (Accused)
Solicitors: Office of the Director of Public Prosecutions (Crown) Burke & Mead Lawyers (Accused)
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