R v Walker (No 7) [2017] NSWSC 1049

Supreme Court New South Wales

Medium Neutral Citation: R v Walker (No 7) [2017] NSWSC 1049 Hearing dates: 8 August 2017 Date of orders: 10 August 2017 Decision date: 10 August 2017 Jurisdiction: Common Law - Criminal Before: Schmidt J Decision: Further hearsay evidence admissible. Catchwords: CRIMINAL LAW – evidence – hearsay evidence – evidence admissible – reasons for decision Legislation Cited: Evidence Act 1995 (NSW) Cases Cited: R v Clark (2001) 123 A Crim R 506; [2001] NSWCCA 494 R v Walker [2017] NSWSC 997 Category: Procedural and other rulings Parties: Regina Jamie Christopher Walker Representation: Counsel: Mr C Maxwell QC with Ms J M Smith (Crown) Ms B J Rigg SC (Accused)

Solicitors: Solicitor for Public Prosecutions (Crown) Jamison Lawyers (Accused) File Number(s): 2015/124540 Publication restriction: Nil

Judgment 1. The Crown served a further hearsay notice in respect of the evidence of Dr Gao. The evidence identified was: STATEMENT DATE PARAGRAPH 6 – "I don't deserve it" and "Don't want to cause trouble" said by Linda Locke during discussion on 16/02/15 about taking out an AVO against her partner. Statement of Dr Pamela Gao 31.07.2015 7 – Linda talked about these injuries being the result of her violent, drug user partner & it wasn't the first time he had injured her. 10 – She has repeated low mood and SI (suicidal ideation) only when partner was intoxicated and kicked her and robed her money, otherwise, she's been fine." 11 – injuries to her chest were as a result of her partner "kicking" her.