R v Russell [2018] NSWSC 343

Supreme Court New South Wales

Medium Neutral Citation: R v Russell [2018] NSWSC 343 Hearing dates: 12, 13, 14 March 2018 Date of orders: 14 March 2018 Decision date: 14 March 2018 Jurisdiction: Common Law - Criminal Before: Rothman J Decision: (1) The forensic procedure and results thereof are admissible as evidence;

(2) The statements made by the accused at the scene of the arrest are admissible;

(3) The statements made by the accused at the Police Station before and during the forensic procedure are admissible;

(4) The statements made by the accused at the Police Station on the return from the interview room are inadmissible;

(5) The ERISP of the accused dated 08 January 2018 is no longer subject to objections and is admitted by consent;

(6) The evidence of Ms Dunn is admissible and the ruling on the evidence of Mr Cooley must await further context;

(7) The parties have leave to raise any particular aspect of the forgoing material, not dealt with as part of these more general rulings. Catchwords: EVIDENCE – procedures under Crimes (Forensic Procedures) Act 2000 and Law Enforcement (Powers and Responsibilities) Act 2002 – non-compliance – nature of discretion – other evidence objected to under s 137 of the Evidence Act 1995 – importance of ensuring adherence to procedures – exercise of discretion Legislation Cited: Crimes (Forensic Procedures) Act 2000 ss 3, 17, 18, 20, 24, 26, 32, 38, 82 Evidence Act 1995, ss 84, 85, 86, 137, 138 Law Enforcement (Powers and Responsibilities) Act 2002, pt 9 Cases Cited: Driscoll v the Queen (1977) 137 CLR 517; [1977] HCA 43 Category: Procedural and other rulings Parties: Regina (Crown) Kevin James Russell (Accused) Representation: Counsel: W Creasey SC (Crown) A Webb (Accused)