R v Safarjalani [2019] NSWSC 96

Supreme Court New South Wales

Medium Neutral Citation: R v Safarjalani [2019] NSWSC 96 Hearing dates: 5 September 2018 Date of orders: 10 September 2018 Decision date: 15 February 2019 Jurisdiction: Common Law Before: Walton J Decision: I confirm my rulings of 10 September 2018, which appear below, for the reasons given in this judgment.

The rulings were as follows:

(i) Objection overruled.

(ii) Objection upheld as to the subject matter described at paras [22]-[24] and [31]-[33] of the submissions of Mr Evers. The ruling does not concern para [1] of the submissions by the Crown entitled "Crown summary of lies told to the accused".

(iii) Objection overruled.

(iv) Objection upheld.

(v) Listening device recording of:

• 1 December 2014: overruled.

• 3 December 2014: upheld with respect to the passages relied upon by the Crown.

• 31 December 2014: upheld with respect to the passage relied upon by the Crown from page 1 to 4.6. The Court does not consider that passage of the transcript constitutes an admission. The component of the transcript referred to by the defence at page 22 of the transcript appears not to be pressed by either party.

As to Q623-624 from the ERISP of 1 December 2014 – as to the passage relied upon by the Crown in paras [16] and [17] of the Crown submissions on this issue – objection overruled. Catchwords: CRIME – pre-trial rulings on evidence – objections to evidence by accused – evidence relating to circumstantial case – objection overruled with regard to evidence of black Toyota Kluger on basis it was relevant and had some probative value – objection upheld with regard to evidence relating to Mr Murray on basis that evidence could be misused by jury – objection overruled with respect to evidence of bullet cartridges on basis that probative value outweighed danger of unfair prejudice – objection upheld in relation to accused's movements prior to ERISP on basis of relevance – objection overruled with regard to recording on basis the statement amounted to an admissions – objection upheld with regard to recording on basis of relevance and unfair prejudice – objection upheld with regard to recording on basis of relevance, limited probative value and likelihood of misuse by jury – objection overruled with regard to questions in ERISP on basis that questions were not unacceptable for police to ask Legislation Cited: Evidence Act 1995 (NSW) Cases Cited: Festa v The Queen (2001) 208 CLR 593; [2001] HCA 72 Mahmood v Western Australia (2008) 232 CLR 397; [2008] HCA 1 R v Hillier (2007) 228 CLR 618; [2007] HCA 13 Category: Procedural and other rulings Parties: Regina (Crown) Gazi Safarjalani (Accused) Representation: Counsel: A Robertson (Crown) A Evers (Accused)