R v Fernando & Anor [1999] NSWCCA 66 (14 April 1999)

[1999] NSWCCA 66

CRIMINAL LAW – murder – confessions and admissions – voluntariness – hostile witness – unreliability of witness – hearsay evidence – failure to call witness – reopening of Crown case – common purpose – comment of accused not giving evidence – separate trials – cross examination by co-accused – unsafe and unsatisfactory verdict – sentencing – life sentence – worst type of case.

Evidence Act 1995; ss 20; 38; 59; 60; 76 and 78; 84; 85; 90; 104; 135; 137; 138; 165