R v Brooks [2017] NSWSC 188

Supreme Court New South Wales

Medium Neutral Citation: R v Brooks [2017] NSWSC 188 Hearing dates: 27 February 2017, 1-3 March 2017 Date of orders: 07 March 2017 Decision date: 07 March 2017 Jurisdiction: Common Law Before: Hamill J Decision: Evidentiary rulings made (see paragraph [83]) Provisional view indicated (see paragraph [84]) Advance ruling made (see paragraph [85]) Catchwords: CRIMINAL LAW – evidence – post-offence conduct – consciousness of guilt – disposal of weapon – washing of shoes – lies – whether evidence "intractably neutral" – where conduct may be explained by accused attempt to distance himself from incident – where accused produced knife during physical altercation – where accused makes formal admissions – whether admissions preclude prosecution from adducing evidence of those facts – conflict in authorities – telephone intercepts – whether discussion of offer to plead guilty demonstrates a consciousness of guilt – assessment of probative value and prejudicial effect CRIMINAL LAW – evidence – advance ruling – where accused seeks to introduce evidence of earlier assault – where evidence relevant to issue of self-defence – whether Crown entitled to lead evidence that accused threatened to stab the perpetrator – where threat unrelated to incident giving rise to charges Legislation Cited: Crimes Act 1900 (NSW) Evidence Act 1995 (NSW) Cases Cited: Baden-Clay v The Queen [2016] HCA 35; 334 ALR 234 Edwards v The Queen (1993) 178 CLR 193; [1993] HCA 63 Frazer [2002] NSWCCA 59; 128 A Crim R 89 Gall v R [2015] NSWCCA 69 Mulvihill v R [2016] NSWCCA 529 R v Ciantar (2006) 16 VR 26; [2006] VSCA 263 R v Cook [2004] NSWCCA 52 R v JGW [1999] NSWCCA 116 R v Longford (1970) 17 FLR 37 R v Lucas [1981] 1 QB 720 R v Sievers [2004] NSWCCA 463; (2004) 151 A Crim R 426 R v Smith [1981] 1 NSWLR 193 R v Taranto, R v Freeman [1999] NSWCCA 396 R v White [1998] 2 SCR 72 Sievers [2004] NSW CCA 463; (2004) 151 A Crim R 426 Steer v R [2008] NSWCCA 295; (2008) 191 A Crim R 435 Stubley v Western Australia (2011) 242 CLR 374; [2011] HCA 7 Thalari v R (2009) 75 NSWLR 307; [2009] NSWCCA 170 The Queen v Bridgman (1980) 24 SASR 278 Yager v The Queen (1977) 139 CLR 28; [1977] HCA 10 Texts Cited: Peter Hidden, QC, "Plead Guilty and Get it Over With?" (1991) NSW Bar Association, Bar News Summer Category: Procedural and other rulings Parties: Regina Bradley Brooks Representation: Counsel: Huw Baker (Crown) Andrew Boe (B Brooks)