NSW Caselaw
District Court New South Wales
Medium Neutral Citation: R v HS [2019] NSWDC 575 Hearing dates: 18, 19, 20, 23, and 24 September 2019 Date of orders: 24 September 2019 Decision date: 24 September 2019 Jurisdiction: Criminal Before: Montgomery DCJ Decision: (1) The ERISP is to be admitted into evidence at the trial on the Crown's tender; (2) The video of the forensic procedure is to be admitted into evidence at the trial on the Crown's tender; and (3) The DNA evidence obtained during the forensic procedure on 20 January 2018 is to be admitted at the trial on the Crown's tender. Note: "on the Crown's tender" are not words implying an obligation upon the Crown to proceed other than as it would choose to do. Catchwords: Evidence: admissibility of ERISP – caution – vulnerable person – person of a non-English speaking background- right to interpreter Legislation Cited: Crimes (Forensic Procedures) Act 2000 (NSW) Evidence Act 1995 (NSW) ss 138, 139(3) Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) ss 53, 112(1), 123(8), 128(1) Law Enforcement (Powers and Responsibilities) Regulation 2016 r 28 Crimes Forensic Procedure Act 2000 (NSW) ss 18(1)(b), 20(c), 20(e), Cases Cited: R v Lamb [2002] NSWSC 357 R v Phung and Huynh [2001] NSWSC 115 R v Deng [2001] NSWCCA 153 KC v Sanger [2012] NSWSC 98 Category: Procedural and other rulings Parties: The Crown
HS (accused) Representation: Counsel:
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