Full Court Minute Books

Case S143/2022

McNamara v. The King

Case No.


Case Information

Lower Court Judgment

16/07/2021 Supreme Court of New South Wales (Court of Criminal Appeal) (Bell P, R A Hulme and Beech-Jones JJ)

[2021] NSWCCA 160


Evidence – Unfair prejudice – Meaning of "party" – Joint trial – Co-accused – Where appellant and co-accused arraigned upon joint indictment that alleged one count of murder and one count of supply of commercial quantity of prohibited drug – Where Crown alleged that, pursuant to joint criminal enterprise, appellant and co-accused murdered deceased and dispossessed deceased of drugs – Where appellant sought to introduce evidence relevant to defence of duress and existence of joint criminal enterprise, namely evidence co-accused said to appellant "I did [deceased]" and evidence co-accused told appellant of other serious crimes co-accused committed – Where evidence excluded on basis that, though relevant under s 55 of Evidence Act 1994 (NSW), probative value of evidence substantially outweighed by danger evidence might be "unfairly prejudicial to party" under s 135(a) of Evidence Act, namely to co-accused – Whether word "party" in s 135(a) of Evidence Act 1994 (NSW) extends to and includes co-accused in joint trial


21/10/2022 Hearing (SLA, Canberra by video connection)

04/11/2022 Notice of appeal

16/01/2023 Written submissions (Appellant)

17/01/2023 Chronology (Appellant)

24/02/2023 Written submissions (Respondent)

17/03/2023 Reply

16/05/2023 Hearing (Full Court, Canberra)

16/05/2023 Outline of oral argument (Appellant)

16/05/2023 Outline of oral argument (Respondent)

15/11/2023 Judgment (Judgment summary)