Supreme Court
New South Wales
- Amendment notes
Medium Neutral Citation: R v Xie (No. 13) [2014] NSWSC 1978 Hearing dates: 29 July 2014 Decision date: 30 July 2014 Jurisdiction: Common Law - Criminal Before: Johnson J Decision: The Accused's Notice of Motion dated 23 July 2014 is dismissed.
Catchwords: CRIMINAL LAW - murder trial - further application by Accused seeking exclusion of evidence which the Court had determined to admit - evidence from surviving daughter of murdered family concerning sexual interest shown towards her by Accused before and after murders - Court adheres to ruling that evidence admissible - application to exclude evidence refused Legislation Cited: Criminal Procedure Act 1986
Evidence Act 1995Cases Cited: R v Burton [2013] NSWCCA 335; 237 A Crim R 238
R v Ford [2009] NSWCCA 306; 273 ALR 286
R v Taylor [2007] NSWCCA 104; 169 A Crim R 543
R v Xie (No 4) [2014] NSWSC 500
R v Xie (No 10) [2014] NSWSC 1976
R v Xie (No 11) [2014] NSWSC 1977Texts Cited: --- Category: Procedural and other rulings Parties: Regina (Crown)
Lian Bin (Robert) Xie (Accused)Representation: Counsel:
Solicitors:
Mr M Tedeschi AM QC; Ms KN Shead (Crown)
Mr GW Turnbull SC; Mr L Fernandez (Accused)
Office of the Director of Public Prosecutions (Crown)
Burke & Mead Lawyers (Accused)
File Number(s): 2011/147183 Publication restriction: * Restricted - Pending Jury Trial. On 12 January 2017, a jury returned verdicts of guilty on all counts. Sentence was passed on 13 February 2017: R v Xie [2017] NSWSC 63. * Subject to the operation of s.15B of the Children (Criminal Proceedings) Act 1987, s.15A of that Act operates to prohibit publication of the name and picture of Ms AB or of anything that is likely to lead to her identification: - see R v Xie (No. 5) [2014] NSWSC 588. After 20 February 2017, the Court was informed that Ms Brenda Lin (Ms AB) had given her consent under s.15D(1)(b) and (3) of that Act to the publication or broadcasting of her identity.
Judgment
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JOHNSON J: By Notice of Motion dated 23 July 2014, the Accused, Lian Bin (Robert) Xie, seeks orders as follows:
(1) That the evidence contained in the statements of Ms AB dated 29 May 2014, 18 June 2014, 19 June 2014 and 27 June 2014 is excluded pursuant to s. 137 Evidence Act 1995.
(2) If order 1 is made, that the evidence contained in the statements of Patrick Parkinson dated 18 June 2014, Ms BC dated 17 June 2014, Ms CD dated 23 June 2014 and Jennifer James dated 16 June 2014, is not to be adduced, pursuant to s.55 Evidence Act 1995.
Background to Application
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Some background is necessary for the present application.
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On 10 June 2014, I declined an application by the Accused to exclude evidence of Ms AB concerning sexual interest and sexual activity by the Accused towards her in the periods before and after the murders…
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- Case
- [2014] NSWSC 1978
- Decision Date
CaseChat Overview and Summary
The central legal issue was whether the evidence of sexual interest should be excluded despite the court's earlier ruling allowing its admission. The court had to balance the probative value of the evidence against any potential prejudice it might cause to the accused. The accused argued that the evidence was highly prejudicial and irrelevant to the charges of murder. The prosecution maintained that the evidence was relevant to the accused's state of mind and provided important context to the nature of the crime.
In its reasoning, the court emphasised the importance of maintaining consistency in its earlier ruling. The court found that the evidence had significant probative value in understanding the accused's character and potential motive, and thus, it was not unduly prejudicial. The court noted that the evidence was relevant in showing a pattern of behaviour that connected the accused to the crime. Consequently, the court refused the application to exclude the evidence, upholding its earlier decision. The court found that the probative value of the evidence outweighed any prejudicial effect it might have.
Orders
Orders of the court
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Background
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Evidence
Evidence Before The Court
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Decision
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Ratio Decidendi
Legal Principle Established
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