R v Green [2021] NSWSC 846

R v Green [2021] NSWSC 846

Because the Crown no longer sought to tender the ERISP or listening device material objected to by the defence, and because acceding to the defence objection did not breach any duty of fairness owed by the Crown, the defence motion seeking a s 192A exclusion ruling was dismissed. Questions about tendency evidence were left to be determined during the special hearing if they arose.

Jurisdiction
Australia
Judgment Date
17 June 2021
Procedural Posture
Criminal Special Hearing Because of the Accused's Unfitness to Plead / Pre Trial Evidentiary Hearing on Defence Notice of Motion Filed 9 June 2021 Seeking a Ruling Under S 192 a of the Evidence Act Excluding ERISP and Listening Device Material
Outcome
Notice of motion dismissed.
Legal Topics
['pre Trial Evidentiary Ruling' 'special Hearing' 'tendency Evidence' 'admissions' 'erisp' 'listening Device Material' "prosecutor's Duty" 'exclusion of Evidence']
['evidence' 'criminal Law' 'criminal Procedure'] ['pre Trial Evidentiary Ruling' 'special Hearing' 'tendency Evidence' 'admissions' 'erisp' 'listening Device Material' "prosecutor's Duty" 'exclusion of Evidence']

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Procedural Posture

Criminal Special Hearing Because of the Accused's Unfitness to Plead / Pre Trial Evidentiary Hearing on Defence Notice of Motion Filed 9 June 2021 Seeking a Ruling Under S 192 a of the Evidence Act Excluding ERISP and Listening Device Material

Legal Issues

  1. 1 ['Whether preliminary admissibility questions about tendency evidence should be determined before the special hearing or during the special hearing.' 'Whether the defence notice of motion seeking exclusion of the ERISP and listening device material should be dismissed after the Crown indicated it would not seek to tender that material.' 'Whether the Crown breached any duty of fairness by not tendering mixed statements containing exculpatory portions after acceding to the defence objection.']

Ratio Decidendi

Because the Crown no longer sought to tender the ERISP or listening device material objected to by the defence, and because acceding to the defence objection did not breach any duty of fairness owed by the Crown, the defence motion seeking a s 192A exclusion ruling was dismissed. Questions about tendency evidence were left to be determined during the special hearing if they arose.

Court Disposition

Notice of motion dismissed.

Orders

  • ['The notice of motion filed by the defence on 9 June 2021 is dismissed.']