R v LN; R v AW (No. 7) [2017] NSWSC 296

Supreme Court New South Wales

Medium Neutral Citation: R v LN; R v AW (No. 7) [2017] NSWSC 296 Hearing dates: 22 March 2017 Date of orders: 22 March 2017 Decision date: 22 March 2017 Jurisdiction: Common Law - Criminal Before: Johnson J Decision: I allow the evidence given by Dr Rodriguez on the voir dire to be adduced by the Crown. Catchwords: CRIMINAL LAW - murder trial - expert evidence sought to be adduced by Crown - not subject of supplementary expert report - evidence given on voir dire - whether evidence should be excluded - evidence allowed Legislation Cited: Criminal Procedure Act 1986 Evidence Act 1995 Cases Cited: R v LN; R v AW (No. 6) [2017] NSWSC 283 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.