R v Khazma [2018] NSWSC 2055

Supreme Court New South Wales

Medium Neutral Citation: R v Khazma [2018] NSWSC 2055 Hearing dates: 17-20 September 2018; 2-3 October 2018 Decision date: 14 December 2018 Jurisdiction: Common Law Before: Fullerton J Decision: See body of judgment Catchwords: CRIMINAL LAW – evidence – admissions – Criminal Procedure Act 1986 (NSW) s 281 - unrecorded statements made to police – whether statement made in the course of official questioning – whether reasonable excuse for statement not being recorded

CRIMINAL LAW – evidence – tendency evidence to be adduced by the accused – whether the evidence has significant probative value – whether the evidence has the capacity to rationally affect, to a significant degree, proof of the identity of the assailant

EVIDENCE – Witness evidence – Unsworn evidence – whether witness's recorded interview may form the witness's evidence in chief – whether admissible under s 66 of the Evidence Act 1995 (NSW) – whether admissible under ss 289 or 306 of the Criminal Procedure Act 1986 (NSW)

EVIDENCE – hearsay – exceptions – criminal proceedings where maker of a previous representation is available to give evidence Legislation Cited: Crimes (Domestic and Personal Violence) Act 2007 (NSW) Crimes Act 1900 (NSW) Criminal Procedure Act 1986 (NSW) Evidence Act 1995 (NSW) Interpretation Act 1987 (NSW) Mental Health Act 2007 (NSW) Cases Cited: Bryant v R [2011] NSWCCA 26 HML v The Queen (2008) 235 CLR 334 Hughes v The Queen (2017) HCA 20 IMM v The Queen (2016) 257 CLR 300 McPhillamy v The Queen [2018] HCA 52 R v Donohue [2017] NSWCCA 174 R v Esposito (1998) 45 NSWLR 442 The Queen v Bauer [2018] HCA 40 Category: Procedural and other rulings Parties: The Crown Mohammed Khazma (Accused) Representation: Counsel: P Hogan (Crown) W Terracini SC (Accused) J Trevallion (Accused - 3 October 2018 only)