R v Martin (No 10) [2017] NSWSC 1401

Supreme Court New South Wales

Medium Neutral Citation: R v Martin (No 10) [2017] NSWSC 1401 Hearing dates: 11 October 2017 Date of orders: 11 October 2017 Decision date: 11 October 2017 Jurisdiction: Common Law Before: Hamill J Decision: (1) Pursuant to s 128(2) Evidence Act, determine that there are reasonable grounds for the objection made by the witness Jessica Fallon.

(2) The witness is not required to give evidence pursuant to s 128(4) Evidence Act on the grounds that the interests of justice do not require that she be so required. Catchwords: CRIMINAL LAW – evidence – privilege against self-incrimination – whether witness should be compelled to give evidence – where witness has criminal trial for same offences pending – fundamental alteration of accusatorial system – where admissions made by witness tending to exculpate accused adduced in defence case – interests of justice – where Crown does not seek hearsay direction – where counsel concerned that witness may prejudice accused's trial – where steps to quarantine evidence undesirable Legislation Cited: Evidence Act 1995 (NSW), s 128 Cases Cited: Gedeon v The Queen [2013] NSWCCA 257; 237 A Crim R 306 Lee v R (2014) 253 CLR 455: [2014] HCA 20 R v Mujuevic, Saliba, Rymer, Cusens [2017] NSWDC 215 R v Qaumi & Ors (No 31) [2016] NSWSC 674 R v Simmons (No 6) [2016] NSWSC 418 R v X [2014] NSWCCA 168 X7 v Australian Crime Commission (2013) 248 CLR 92; [2013] HCA 29 Texts Cited: S Odgers, Uniform Evidence Law (12th Ed, 2016, Thomson Reuters) Category: Procedural and other rulings Parties: Regina (Crown) Micheal Phillip Martin Representation: Counsel: Mr B Campbell (Crown) Mr G D Wendler (M P Martin) Mr P O'Connor (for the witness intervening) Ms A Moen (written submissions for the witness)