R v Xie (No. 14) [2014] NSWSC 1979

Supreme Court New South Wales

Medium Neutral Citation: R v Xie (No. 14) [2014] NSWSC 1979 Hearing dates: 5 August 2014 Decision date: 05 August 2014 Jurisdiction: Common Law - Criminal Before: Johnson J Decision: Objection to aspects of Crown opening overruled. Catchwords: CRIMINAL LAW - murder trial - Crown opening address - defence objection to aspects of Crown opening - permissible scope and content of Crown opening in a complex and multi-faceted trial Legislation Cited: Criminal Procedure Act 1986 Cases Cited: R v MM [2004] NSWCCA 81; 145 A Crim R 148 R v Tangye (1997) 92 A Crim R 545 Robinson v R [2006] NSWCCA 192; 162 A Crim R 88 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.