R v LN; R v AW (No. 6) [2017] NSWSC 283

Supreme Court New South Wales

Medium Neutral Citation: R v LN; R v AW (No. 6) [2017] NSWSC 283 Hearing dates: 20 March 2017 Date of orders: 20 March 2017 Decision date: 20 March 2017 Jurisdiction: Common Law - Criminal Before: Johnson J Decision: Crown is confined to the case against AW as opened to the jury on 27 February 2017 Catchwords: CRIMINAL LAW - murder trial - mother and stepfather charged with murder of 3 year old son - issue as to cause of death - objection to Crown asking questions of medical expert on a topic not included in expert report - whether questions on this topic involve Crown changing its case against Accused - Crown confined to case against Accused as opened to the jury - observations concerning desirability of joint expert conference procedure in criminal proceedings Legislation Cited: Criminal Procedure Act 1986 Supreme Court Rules 1970 Uniform Civil Procedure Rules 2005 Cases Cited: Abdallah v R [2016] NSWCCA 34 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.