R v LN; R v AW (No. 4) [2017] NSWSC 221

Supreme Court New South Wales

Medium Neutral Citation: R v LN; R v AW (No. 4) [2017] NSWSC 221 Hearing dates: 6 March 2017 Date of orders: 08 March 2017 Decision date: 08 March 2017 Jurisdiction: Common Law Before: Johnson J Decision: Video recording and photographs admitted. Catchwords: CRIMINAL LAW - murder trial - Accused charged with murder of 3 year old boy - Accused mother and stepfather of child - Crown tender of video and photographs of child before he came to live with Accused - objection to tender of video and photographs - relevant to issues in trial - evidence not excluded under s.137 Evidence Act 1995 - evidence allowed Legislation Cited: Evidence Act 1995 Cases Cited: BJS v R [2013] NSWCCA 123; 231 A Crim R 537 Papakosmas v R [1999] HCA 37; 196 CLR 297 R v Clark [2001] NSWCCA 494; 123 A Crim R 506 Texts Cited: ----- Category: Procedural and other rulings Parties: Regina (Crown) LN (Accused) AW (Accused) Representation: Counsel: Ms MM Cunneen SC (Crown) Mr EW Wilson SC (LN) Ms A Moen (AW)

Solicitors: Director of Public Prosecutions (Crown) Legal Aid NSW (LN) Matouk Joyner Lawyers (AW) File Number(s): 2014/271972 (LN)2014/274229 (AW) Publication restriction: On 18 April 2017, each of LN and AW was found guilty of murder by the jury. The name of their daughter (described as "Mary") may not be identified by operation of s.15A Children (Criminal Proceedings) Act 1987, which also operates with respect to the names of LN and AW, the publication of whose names would tend to identify their daughter. The first name of the victim, Joseph or Joey, may be published.