R v Xie (No. 12) [2014] NSWSC 1980

Supreme Court New South Wales

Medium Neutral Citation: R v Xie (No. 12) [2014] NSWSC 1980 Hearing dates: 21 July 2014 Decision date: 21 July 2014 Jurisdiction: Common Law - Criminal Before: Johnson J Decision: Orders made that Ms AB give evidence at Basha inquiry in closed court and by means of closed-circuit television Catchwords: CRIMINAL LAW - Accused charged with murder - Basha inquiry in advance of trial - Crown application that witness give evidence at Basha Inquiry by CCTV and in closed court - powers of Court under s.26 Evidence Act 1995 - application allowed Legislation Cited: Evidence Act 1995 Cases Cited: R v Xie (No 10) [2014] NSWSC 1976 R v Xie (No 11) [2014] NSWSC 1977 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. * Until February 2017, s.15A Children (Criminal Proceedings) Act 1987 operated to prohibit publication of the name and picture of Brenda Lin (described previously as Ms AB) or of anything that was likely to lead to her identification: R v Xie (No. 5) [2014] NSWSC 588. After 20 February 2017, the Court was informed that Ms Brenda Lin had given her consent under s.15D(1)(b) and (3) of that Act to the publication or broadcasting of her identity.