R v WM [2019] NSWDC 860

District Court New South Wales

Medium Neutral Citation: R v WM [2019] NSWDC 860 Hearing dates: 19 and 20 November 2019 Date of orders: 22 November 2019 Decision date: 22 November 2019 Jurisdiction: Criminal Before: P Taylor SC DCJ Decision: The Crown's application under s 65 of the Evidence Act 1995 (NSW) is granted. The recorded audio record of interview of Michelle Paisa, and the statements of Tim Pago and Stephanie Efu are admitted as, respectively, Exhibits M, N and O. Catchwords: CRIMINAL PROCEDURE — special hearing – voir dire – witness statements – record of interview – witness "not available to give evidence" – "fabrication" unlikely – reliability "highly probable" – "made in circumstances" – danger of "unfair prejudice" Legislation Cited: Crimes Act 1900, s 578A Evidence Act 1995 (NSW), s 65, s 135, s 137, cl 4 of Dictionary Mental Health (Forensic Provisions) Act 1990, s 14, s 19 Cases Cited: Flo Rida v Mothership Music Pty Ltd [2013] NSWCA 268 R v Ambrosoli (2002) 55 NSWLR 603; [2002] NSWCCA 386 R v TAI, Alatini [2016] NSWCCA 207 Regina v Kazzi; Regina v Williams; Regina v Murchie [2003] NSWCCA 241 Sio v The Queen (2016) 259 CLR 47; [2016] HCA 32 Category: Procedural and other rulings Parties: Regina WM (Accused) Representation: Counsel: Mr T Abdulhak (Crown) Mr B Robinson (Accused)

Solicitors: Office of Director of Public Prosecutions (Crown) Legal Aid NSW (Accused) File Number(s): 2015/260022 Publication restriction: S 578A of the Crimes Act 1900 (NSW) applies. A person shall not publish any matter which identifies the complainant in the proceedings or any matter which is likely to lead to the identification of the complainant. As such, pseudonyms have been used in the published judgment for all persons except for police officers and expert witnesses.