R v Xie (No. 11) [2014] NSWSC 1977

Supreme Court New South Wales

Medium Neutral Citation: R v Xie (No. 11) [2014] NSWSC 1977 Hearing dates: 26 June 2014, 1 July 2014 Decision date: 01 July 2014 Jurisdiction: Common Law - Criminal Before: Johnson J Decision: Ms AB and Professor Patrick Parkinson are to attend Court to give evidence at a preliminary hearing to be held in advance of the trial. Catchwords: CRIMINAL LAW - murder trial - discharge of jury at first trial after significant new evidence came to light - defence application for Basha inquiry concerning two witnesses in advance of second trial - allegations by witness of sexual assault by Accused - Accused not charged with sexual assault - objection by Crown to Basha inquiry involving that witness - factors relevant to decision to order a Basha inquiry and the scope of the inquiry - orders made for Basha inquiry Legislation Cited: Criminal Procedure Act 1986 Evidence Act 1995 Justices Act 1902 Victims Rights Act 1996 Victims Rights and Support Act 2013 Cases Cited: Kant v Director of Public Prosecutions (1994) 34 NSWLR 21 R v Basha (1989) 39 A Crim R 337 R v Kennedy (1997) 94 A Crim R 341 R v Sam (No 16) [2009] NSWSC 544; 196 A Crim R 138 R v Sandford (1994) 33 NSWLR 172 R v Xie (No 4) [2014] NSWSC 500 R v Xie (No 10) [2014] NSWSC 1976 X7 v Australian Crime Commission [2013] HCA 29; 248 CLR 92 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)