R v Rossi-Murray; R v Byrnes [2019] NSWSC 479

Supreme Court New South Wales

Medium Neutral Citation: R v Rossi-Murray; R v Byrnes [2019] NSWSC 479 Hearing dates: 15 – 18, 22 – 25 October 2018 Date of orders: 25 October 2018 Decision date: 02 May 2019 Jurisdiction: Common Law - Criminal Before: Rothman J Decision: (1) The application for leave to cross-examine the witness James Millar under s 38 of the Evidence Act 1995 (NSW) is rejected.

(2) The application for leave to adduce the prior representation made in the statements of the witness James Millar is rejected. Catchwords: CRIME – witness suffered head injuries which he says affect his memory of statements earlier made – witness is a prisoner – effect and relationship between ss13, 38, 65, 66, 192, 43 and 137 of Evidence Act – earlier statements not admitted – leave for the Crown to cross-examine refused Legislation Cited: Evidence Act 1995 (NSW), ss13, 38, 43, 60, 65, 66, 137, 142, s 165, 192, cl 4.1 of the Dictionary Cases Cited: Browne v Dunn (1893) 6 R 67 Project Blue Sky v Australian Broadcasting Authority (1998) 194 CLR 355; [1998] HCA 28 RPS v R (2000) 199 CLR 620; [2000] HCA 3 Category: Procedural and other rulings Parties: Regina (Crown) Barmah Rossi-Murray (Accused) Bradley James Byrnes (Accused) Representation: Counsel: P Barrett (Crown) A Webb (Accused Rossi-Murray) H White (Accused Byrnes)

Solicitors: Office of the Director of Public Prosecutions (Crown) Blair Criminal Lawyers (Accused Rossi-Murray) PW & Associates (Accused Byrnes) File Number(s): 2016/00205098; 2016/00212466