R v Tarantino (No 7) [2019] NSWSC 1178

Supreme Court New South Wales

Medium Neutral Citation: R v Tarantino (No 7) [2019] NSWSC 1178 Hearing dates: 4 September 2019 Date of orders: 04 September 2019 Decision date: 04 September 2019 Jurisdiction: Common Law - Criminal Before: Beech-Jones J Decision: Those parts of the statements of Plain Clothes Senior Constable Brooks and Senior Constable Wang described at [10] and [12] are rejected. Catchwords: EVIDENCE – CRIMINAL LAW – admissions made to police – unrecorded - s 281 Criminal Procedure Act 1986 – whether made by an accused at a time when could reasonably have been suspected of having committed an offence. Legislation Cited: Evidence Act 1995 Criminal Procedure Act 1986 Cases Cited: R v Tarantino (No 6) [2019] NSWSC 1174 Category: Procedural and other rulings Parties: Regina (Crown) Vinzent Tarantino (Accused) Representation: Counsel: P Barrett; V Garrity (Crown) B Rigg SC; P Coady (Accused)

Solicitors: Office of the Department of Public Prosecutions (Crown) Watsons Solicitors (Accused) File Number(s): 2016/347591 Publication restriction: Not to be published prior to the conclusion of the proceedings at first instance

EX TEMPORE Judgment

(Revised from reasons delivered 5 September 2019) 1. On 30 August 2019 I published a ruling in respect of objections taken on behalf of the accused to evidence of a number of admissions said to have been made by him on 20, 23 and 28 November 2016. I overruled objections taken on behalf of the accused to that evidence made under ss 84, 85 and 90 of the Evidence Act 1995. The evidence of those admissions included a statement of Plain Clothes Senior Constable Brooks dated 25 November 2016 and a statement of Senior Constable Yingbo Wang dated 21 November 2016. At the time of that ruling I indicated that the admission of the evidence set out in those statements was subject to further argument concerning the application of s 281 of the Criminal Procedure Act. At the time of the ruling I also indicated that reasons would be published at a later time. At the time of giving this ex-tempore judgment those reasons have not yet been published, but they will be shortly (R v Tarantino (No 6) [2019] NSWSC 1174 ("Tarantino (No 6)"). In anticipation of that occurring there will be some cross-reference in this judgment to those reasons.