R v LN; R v AW (No. 5) [2017] NSWSC 263

Supreme Court New South Wales

Medium Neutral Citation: R v LN; R v AW (No. 5) [2017] NSWSC 263 Hearing dates: 16 March 2017 Date of orders: 16 March 2017 Decision date: 16 March 2017 Jurisdiction: Common Law - Criminal Before: Johnson J Decision: Evidence of Senior Constable Christopher Nocente allowed. Catchwords: CRIMINAL LAW - murder trial - Accused charged with murder of 3 year old boy - mother and stepfather of child - Crown seeks to call off duty police officer to give evidence of conversation between Accused overheard in Centrelink office - defence objection - held evidence relevant and ought not be excluded under s.137 Evidence Act 1995 - evidence allowed Legislation Cited: Evidence Act 1995 Cases Cited: R v LN; R v AW (No 1) [2017] NSWSC 119 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.