R v Bryce (No 1) [2014] NSWSC 495

R v Bryce (No 1) [2014] NSWSC 495

The statements by the deceased about alleged assaults on 11 and 14 May 2012 were not made 'shortly after' the asserted facts as required by s 65(2)(b) of the Evidence Act 1995 (NSW), and thus are inadmissible. Evidence, including photographs and observations, of injuries present on 15 May 2012 is relevant, has probative value, and is not unfairly prejudicial under s 137, and is admissible.

Jurisdiction
Australia
Judgment Date
28 April 2014
Procedural Posture
Criminal / Interlocutory Application on Admissibility of Evidence
Outcome
Evidence of statements made by deceased about assaults upon her on 11 and 14 May 2012 rejected; evidence of photographs and observations of deceased's injuries on 15 May 2012 allowed.
Legal Topics
['admissibility of Hearsay' 'relationship Evidence' 'prejudicial Vs. Probative Value']
['evidence Law' 'criminal Law'] ['admissibility of Hearsay' 'relationship Evidence' 'prejudicial Vs. Probative Value']

Case Brief

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Procedural Posture

Criminal / Interlocutory Application on Admissibility of Evidence

Legal Issues

  1. 1 ['Whether statements made by the deceased about previous assaults are admissible as evidence under s 65(2)(b) of the Evidence Act 1995 (NSW)' "Whether evidence of photographs and observations of deceased's injuries should be excluded under s 137 of the Evidence Act 1995 (NSW) due to prejudicial effect"]

Ratio Decidendi

The statements by the deceased about alleged assaults on 11 and 14 May 2012 were not made 'shortly after' the asserted facts as required by s 65(2)(b) of the Evidence Act 1995 (NSW), and thus are inadmissible. Evidence, including photographs and observations, of injuries present on 15 May 2012 is relevant, has probative value, and is not unfairly prejudicial under s 137, and is admissible.

Court Disposition

Evidence of statements made by deceased about assaults upon her on 11 and 14 May 2012 rejected; evidence of photographs and observations of deceased's injuries on 15 May 2012 allowed.

Orders

  • ['Evidence of statements made by deceased about assaults upon her on 11 and 14 May 2012 rejected.' "Evidence of photographs and observations of deceased's injuries on 15 May 2012 allowed."]