R v Qaumi & Qaumi (No 10) [2016] NSWSC 1747

R v Qaumi & Qaumi (No 10) [2016] NSWSC 1747

Although the report contained information relevant to the defence alternative hypothesis, its source was unknown, it was plainly hearsay, no exception to the hearsay rule was identified, and there was no evidentiary basis that the Crown witnesses knew of or were influenced by the information in the report when making their statements. The report was therefore inadmissible and its tender was rejected.

Jurisdiction
Australia
Judgment Date
07 December 2016
Procedural Posture
Criminal / Procedural Evidentiary Ruling During Trial on Tender of Police Intelligence Report
Outcome
Evidence rejected.
Legal Topics
['admissibility of Evidence' 'hearsay' 'police Intelligence Information' 'alternative Suspect Hypothesis' 'tender of Evidence']
['criminal Law' 'evidence'] ['admissibility of Evidence' 'hearsay' 'police Intelligence Information' 'alternative Suspect Hypothesis' 'tender of Evidence']

Case Brief

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Procedural Posture

Criminal / Procedural Evidentiary Ruling During Trial on Tender of Police Intelligence Report

Legal Issues

  1. 1 ["Whether a police intelligence report concerning Pasquale Barbaro was admissible in the accused's criminal trial." 'Whether hearsay information from an unknown source could be tendered to support an alternative hypothesis that someone else arranged the murder of Joseph Antoun.' 'Whether the report was admissible as evidence relevant to the investigation or to the defence theory that Crown witnesses fabricated their accounts.']

Ratio Decidendi

Although the report contained information relevant to the defence alternative hypothesis, its source was unknown, it was plainly hearsay, no exception to the hearsay rule was identified, and there was no evidentiary basis that the Crown witnesses knew of or were influenced by the information in the report when making their statements. The report was therefore inadmissible and its tender was rejected.

Court Disposition

Evidence rejected.

Orders

  • ['The report is inadmissible.' 'The tender of the report is rejected.']