Supreme Court
New South Wales
Medium Neutral Citation: R v Rumsby [2023] NSWSC 229 Hearing dates: 30 and 31 January 2023
1, 2 and 3 February 2023Date of orders: 16 March 2023 Decision date: 16 March 2023 Jurisdiction: Common Law Before: R A Hulme AJ Decision: Evidence of the admissions admissible.
Catchwords: EVIDENCE – pretrial ruling – two counts alleging attempted choking to commit sexual assault and murder – admissions made to an undercover police officer during covert “scenario investigation” – unsuccessful attempt to distinguish this operation from others by reference to features such as tempting accused to be a reward seeker and requiring admissions to be made to “both or none” – objections under Evidence Act 1995 (NSW) on bases of admissions made as result of oppressive conduct (s 84), unreliability (s 85), unfairness (s 90) and improperly obtained (s 138) – evidence held admissible
Legislation Cited: Children (Criminal Proceedings) Act 1987 (NSW), ss 15A, 15E
Crimes Act 1900 (NSW), s 578A
Evidence Act 1900 (NSW), ss 84, 85, 90, 136, 138, 189
Cases Cited: Deacon v The Queen (2019) [2019] NTCCA21; 282 A Crim R 303;
Director of Public Prosecutions v Ghiller [2003] VSC 350; (2003) 151 A Crim R 148
Em v The Queen (2007) 232 CLR 67; [2007] HCA 46
Habib v Nationwide News Pty Ltd (2010) 76 NSWLR 299; [2010] NSWCA 34
In the Matter of an Application by the Chief Commissioner of Police (Vic) [2005] HCA 18; (2005) 79 ALJR 881
Lauchlan v The State of Western Australia [2008] WASCA 227
R v Cowan; Ex parte Attorney General; [2015] QCA 87; [2016] 1 Qd R 433
R v Esposito (1998) 45 NSWLR 442
R v Kilincer (No 2) [2021] NSWSC 829
R v Simmons; R v Moore (No 2) [2015] NSWSC 143; (2015) 249 A Crim R 82
R v Fesus (No 2) [2015] NSWSC 1467
R v Swaffield (1998) 192 CLR 159; [1998] HCA 1
R v Tarantino (No 6) [2019] NSWSC 1174
R v Weaven (Ruling No 1) [2011] VSC 442
Smith v The Queen (2001) 206 CLR 650; [2001] HCA 50
Category: Procedural rulings Parties: Rex (Crown)
Craig Henry Rumsby (Accused)Representation: Counsel:
Solicitors:
L Carr SC (Crown)
N Broadbent with Z Alderton (Accused)
Solicitor for Public Prosecutions (Crown)
Legal Aid NSW (Accused)
File Number(s): 234445/2020 Publication restriction: This copy of the judgment has redactions for material caught by non-publication orders made during the proceedings.
JUDGMENT
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The accused, Mr Craig Rumsby, is charged with:
the attempted choking of LS[1] with intent to enable him to commit an indictable offence, namely, to have sexual intercourse with LS without her consent, knowing she was not consenting, at Gulgong on 1 January 1998, and
the murder of Michelle Bright[2] at Gulgong on or about 27 February 1999.
1.…
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- AGLC
- R v Rumsby [2023] NSWSC 229
- Case
- [2023] NSWSC 229
- Decision Date
CaseChat Overview and Summary
The central legal issues revolved around the admissibility of the statements made by the accused under the Evidence Act 1995 (NSW). The accused's defence team argued that the admissions were inadmissible on multiple grounds. These included that the admissions were made as a result of oppressive conduct (section 84), they were unreliable (section 85), they were unfair (section 90), and they were improperly obtained (section 138). The defence sought to distinguish the operation from other covert investigations by arguing that it involved an element of reward-seeking and that admissions should only be considered if made to both the undercover officer and another person.
The court dismissed the defence's arguments. It held that the operation was not sufficiently distinct from other covert investigations to warrant a different outcome regarding the admissibility of the statements. The court found that the admissions were not made as a result of oppressive conduct, were reliable, fair, and were not improperly obtained. Consequently, the evidence was deemed admissible.
The Supreme Court ruled that the evidence obtained from the undercover operation could be used against the accused in the trial. The court's decision allowed for the statements made by the accused to the undercover officer to be presented as part of the prosecution's case.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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