R v Ronald Edward Medich (No. 20) [2017] NSWSC 186

R v Ronald Edward Medich (No. 20) [2017] NSWSC 186

The accused's statement was relevant but hearsay, and s. 158 of the Criminal Procedure Act 1986 (NSW) did not itself make it admissible. Even if the statement could be admitted under s. 60 of the Evidence Act 1995 (NSW) for the non-hearsay purpose of proving that the accused said those things to the Magistrate, its probative value for that purpose was limited because it was a prepared, self-serving and contrived statement rather than a spontaneous denial. Its admission would create significant unfair prejudice to the Crown because the assertions could not be tested by cross-examination. The statement was therefore excluded under s. 135(a) of the Evidence Act 1995 (NSW).

Jurisdiction
Australia
Judgment Date
06 March 2017
Procedural Posture
Criminal Law Evidence Ruling / Ruling During Trial on Admissibility of the Accused's Statement Made at the Conclusion of Committal Proceedings
Outcome
The accused's statement made at the conclusion of committal proceedings was excluded.
Legal Topics
["admissibility of Accused's Committal Statement" 'hearsay' 'self Serving Exculpatory Statements' 'non Hearsay Purpose' 'discretionary Exclusion for Unfair Prejudice']
['criminal Law' 'evidence' 'criminal Procedure'] ["admissibility of Accused's Committal Statement" 'hearsay' 'self Serving Exculpatory Statements' 'non Hearsay Purpose' 'discretionary Exclusion for Unfair Prejudice']

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Procedural Posture

Criminal Law Evidence Ruling / Ruling During Trial on Admissibility of the Accused's Statement Made at the Conclusion of Committal Proceedings

Legal Issues

  1. 1 ["Whether s. 158 of the Criminal Procedure Act 1986 (NSW) made admissible a transcript of the accused's statement made at committal proceedings." "Whether the Evidence Act 1995 (NSW) applied to the admissibility of the accused's statement." 'Whether the statement was hearsay and, if so, whether it fell within the s. 60 exception for evidence relevant for a non-hearsay purpose.' 'Whether the statement should be excluded under s. 135(a) of the Evidence Act 1995 (NSW) because its probative value was substantially outweighed by unfair prejudice to the Crown.']

Ratio Decidendi

The accused's statement was relevant but hearsay, and s. 158 of the Criminal Procedure Act 1986 (NSW) did not itself make it admissible. Even if the statement could be admitted under s. 60 of the Evidence Act 1995 (NSW) for the non-hearsay purpose of proving that the accused said those things to the Magistrate, its probative value for that purpose was limited because it was a prepared, self-serving and contrived statement rather than a spontaneous denial. Its admission would create significant unfair prejudice to the Crown because the assertions could not be tested by cross-examination. The statement was therefore excluded under s. 135(a) of the Evidence Act 1995 (NSW).

Court Disposition

The accused's statement made at the conclusion of committal proceedings was excluded.

Orders

  • ['The statement should be excluded under s. 135(a) of the Evidence Act 1995 (NSW).']