R v Xie (No. 13) [2014] NSWSC 1978

Supreme Court New South Wales

Medium Neutral Citation: R v Xie (No. 13) [2014] NSWSC 1978 Hearing dates: 29 July 2014 Decision date: 30 July 2014 Jurisdiction: Common Law - Criminal Before: Johnson J Decision: The Accused's Notice of Motion dated 23 July 2014 is dismissed. Catchwords: CRIMINAL LAW - murder trial - further application by Accused seeking exclusion of evidence which the Court had determined to admit - evidence from surviving daughter of murdered family concerning sexual interest shown towards her by Accused before and after murders - Court adheres to ruling that evidence admissible - application to exclude evidence refused Legislation Cited: Criminal Procedure Act 1986 Evidence Act 1995 Cases Cited: R v Burton [2013] NSWCCA 335; 237 A Crim R 238 R v Ford [2009] NSWCCA 306; 273 ALR 286 R v Taylor [2007] NSWCCA 104; 169 A Crim R 543 R v Xie (No 4) [2014] NSWSC 500 R v Xie (No 10) [2014] NSWSC 1976 R v Xie (No 11) [2014] NSWSC 1977 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) File Number(s): 2011/147183 Publication restriction: * Restricted - Pending Jury Trial. On 12 January 2017, a jury returned verdicts of guilty on all counts. Sentence was passed on 13 February 2017: R v Xie [2017] NSWSC 63. * Subject to the operation of s.15B of the Children (Criminal Proceedings) Act 1987, s.15A of that Act operates to prohibit publication of the name and picture of Ms AB or of anything that is likely to lead to her identification: - see R v Xie (No. 5) [2014] NSWSC 588. After 20 February 2017, the Court was informed that Ms Brenda Lin (Ms AB) had given her consent under s.15D(1)(b) and (3) of that Act to the publication or broadcasting of her identity.