R v Parker (No. 2) [2018] NSWSC 1122

Supreme Court New South Wales

Medium Neutral Citation: R v Parker (No. 2) [2018] NSWSC 1122 Hearing dates: 9 and 10 July 2018 Date of orders: 10 July 2018 Decision date: 10 July 2018 Before: Adamson J Decision: See rulings in paragraph [64] Catchwords: EVIDENCE – maker unavailable because deceased – whether circumstance that statement made to police in which maker acknowledged that he would be liable to prosecution if any part untrue fulfils requirement in s 65(2)(c) – insufficient – possibility that maker not disinterested in police investigation – Crown's onus not discharged

EVIDENCE – tendency evidence that deceased did not, on prior occasions, inject himself but rather arranged for others to inject him with intravenous drugs – significant probative value in case where manslaughter by unlawful and dangerous act alleged – evidence allowed

EVIDENCE – business record – clinical note made of consultation with deceased – whether ought be admitted – whether maker unavailable – Crown's obligation of fairness to the accused – ruling deferred pending return of subpoena

CRIME – manslaughter – criminal negligence – authorities considered – whether evidence to support proposition that accused had secluded the deceased when he was in a compromised state – rejection of deceased witness' statement led to Crown's abandonment of this basis of manslaughter Legislation Cited: Evidence Act 1995 (NSW), ss 48, 65, 69, 97, 101, 135, 137, 142, 166, 167, 168, 169, Dictionary, cl 4 Cases Cited: Albrighton v Royal Prince Alfred Hospital [1980] 2 NSWLR 542 Burns v The Queen (2012) 246 CLR 334; [2012] HCA 35 Elomar v R [2014] NSWCCA 303; (2014) 316 ALR 206 Hughes v The Queen [2017] HCA 20; (2017) 92 ALJR 52 Munro v The Queen [2014] ACTCA 11 Onassis v Vergottis [1968] 2 Lloyds Rep 403 R v Afu; R v Caleo (No 15) [2018] NSWSC 245 R v Ambrosoli (2002) 55 NSWLR 603; [2002] NSWCCA 386 R v Evans [2009] 1 WLR 1999 R v Miller [1983] 2 AC 161 R v Taktak (1988) 14 NSWLR 226 Sio v The Queen (2016) 259 CLR 47; [2016] HCA 32 Category: Procedural and other rulings Parties: Regina (Crown) Mark Patrick Parker (Accused) Representation: Counsel: C M Everson (Crown) E Ozen (Accused)