R v Cliff (No 2) [2018] NSWSC 226

Supreme Court New South Wales

Medium Neutral Citation: R v Cliff (No 2) [2018] NSWSC 226 Hearing dates: 6 February 2018 Date of orders: 06 February 2018 Decision date: 06 February 2018 Jurisdiction: Common Law Before: Campbell J Decision: I will not permit the statement in paragraph 4 of Ex VD B which I have identified in these reasons to be led before the jury Catchwords: CRIMINAL LAW – "official questioning" - consciousness of guilt - unusual circumstances - unfair prejudicial effect outweighs probative value Legislation Cited: Civil Procedure Act 1986 (NSW), s 281 Evidence Act 1995 (Cth), ss 90, 137, 138, 139, 192 Cases Cited: Donohoe v R [2017] NSWCCA 174; R v Sharp [2003] NSWSC 1117; 143 A Crim R 344 Texts Cited: Nil Category: Procedural and other rulings Parties: Regina (Crown) Bryce Cliff (Accused) Representation: Counsel: M Pincott (Crown) E Wilson SC (Accused)

Solicitor: M McFarlane (Office Director of Public Prosecutions) (Crown) A Van der Velde (Matouk Joyner Lawyers) (Accused) File Number(s): 2016/175505

EX TEMPORE Judgment (REVISED) 1. I am required to rule in advance of the taking of evidence in the trial on the admissibility of a passage of evidence the prosecution wish to lead. The evidence will be sought to be elicited from a Mr Kenneth Astrup who at the time these events occurred in June 2016 was a Senior Constable of police and had a role in the police investigation into the death of James Cleghorn. It fell to him to conduct the accused to the Wagga Wagga Rural Referral Hospital, after he was arrested, to have his complaints of injuries checked by a doctor. While Mr Cliff was at the hospital he was medically examined and underwent x‑rays.