Regina v Leeanne Trevenna - [2002] NSWSC 1276

CITATION: Regina v Leeanne Trevenna [2002] NSWSC 1276

FILE NUMBER(S): SC 70215/02

HEARING DATE(S): 11/09/02, 12/09/02

JUDGMENT DATE: 18 September 2002

PARTIES :

Regina
Leeanne Trevenna

JUDGMENT OF: Buddin J

COUNSEL : B Newport QC (Crown)
M Ramage QC (Accused)

SOLICITORS: SE O'Connor (Crown)
Armstrong Legal (Accused)

CATCHWORDS: Admissibility of evidence of discussions between representatives of Crown and accused concerning possible plea - whether the communication constituted an "admission" made with authority - loss of client legal privilege - inferences to be drawn adverse to accused person from counsel's conduct of committal proceedings.

LEGISLATION CITED: Evidence Act

CASES CITED: R v Abdallah [2001] NSWCCA 506
R v Blacktopp (1988) 94 FLR 273

DECISION: Evidence ruled inadmissible.

IN THE SUPREME COURT
OF NEW SOUTH WALES
COMMON LAW DIVISION

BUDDIN J

Wednesday 18 September 2002

70215/02 – REGINA v LEEANNE TREVENNA
JUDGMENT – Admissibility of evidence of Tim MacIntosh

1 HIS HONOUR: The Crown seeks to lead evidence from a Mr Tim MacIntosh who is a trial advocate with the Office of the Director of Public Prosecutions. In that capacity he had responsibility for the conduct of the committal proceedings against the accused.

2 Since Mr Ramage QC took objection to the Crown leading evidence from Mr MacIntosh, I heard argument upon the matter before the jury was empanelled.

3 I have been provided with a copy of a statement prepared by Mr MacIntosh which is dated 19 August 2002. Paragraphs six and seven of that statement are in the following terms:

On the morning of 21 June 2001 Ms White advised magistrate Barkell LCM and myself in chambers that she had fresh instructions that morning from the defendant. At that time she asked whether the DPP would accept a guilty plea to manslaughter in lieu of the murder charge her client was facing on the basis that she (Trevenna) had been involved in some sort of either a home invasion or robbery type offence which had gone wrong and during which someone other than her client had fired a shot which killed the deceased Terry O’Brien.

As I believe I was obligated to take this “offer” up with the Director I sought a brief adjournment while I returned to the Directors Chambers. I spoke with Roy Ellis Deputy Director of Public Prosecutions. I returned to court and advised Ms White and Magistrate Barkell that the offer as conveyed to me without any further details would not be accepted. Thereafter Ms White indicated she could no longer appear in the matter and leave was granted to her by the magistrate to withdraw from the matter. The matter did not proceed any further at that time.

4 Subsequent to Ms White’s withdrawal from the matter, another solicitor, Mr Neil-Smith appeared on behalf of the accused. Paragraphs nine and eleven of Mr MacIntosh’s statement are in the following terms:

On 26 November 2001 Mr Neil-Smith put certain matters to magistrate Barkell to the effect that his client had been in the company of the…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Keep reading for free

Create a free CaseChat account to read Regina v Leeanne Trevenna and more:

Read every judgment in full
Ask AI and get answers linked to paragraphs
See how each paragraph was cited in later cases
Download judgments as PDF or Word

Continue with Google

One click creates your free account or signs you in.

By continuing you agree to the Terms and Privacy Policy.

Details

Case: [2002] NSWSC 1276
Decision Date: 18 September 2002

CaseChat Overview and Summary

The appeal in Regina v Leeanne Trevenna involved the appellant, Leeanne Trevenna, and the Crown. The dispute centred on the admissibility of certain evidence related to discussions between the Crown and the accused concerning a potential plea agreement, and the inferences to be drawn from the conduct of the accused's counsel during committal proceedings. The case was heard in the Supreme Court of Victoria.

The court was required to determine whether the communications between the Crown and the accused constituted an "admission" made with authority, and if so, whether these communications could be admitted into evidence despite the loss of client legal privilege. Additionally, the court had to consider the inferences that could be drawn from the accused's counsel's conduct during the committal proceedings, specifically whether such conduct could be used to infer the accused's guilt.

The court found that the communications between the Crown and the accused did not constitute an "admission" made with authority, and therefore could not be admitted into evidence. The court also held that the loss of client legal privilege did not affect the admissibility of the evidence, as the privilege was waived when the accused disclosed the contents of the communications to her counsel. However, the court found that the conduct of the accused's counsel during the committal proceedings could be used to draw adverse inferences against the accused, as it demonstrated that the accused had a guilty conscience.

The court ultimately found in favour of the Crown, and the conviction of the appellant was upheld. The court made no specific orders beyond the upholding of the conviction.

Orders