R v Adams (No 4) [2016] NSWSC 1446

R v Adams (No 4) [2016] NSWSC 1446

The majority of the challenged evidence is not 'credibility evidence' within the meaning of s 101A because it is not relevant only to the credibility of the witness but also to the broader context and factual issues in dispute, especially the meaning and circumstances of an alleged conversation relevant to the charge. One exception—evidence related to the destroyed letter—was excluded as it was relevant only to credibility.

Jurisdiction
Australia
Judgment Date
05 October 2016
Procedural Posture
Criminal / Evidentiary Ruling (voir Dire) During Trial
Outcome
Majority of evidence admitted; objection largely rejected, one exception excluded.
Legal Topics
['admissibility of Evidence' 'credibility Evidence' 'relevance of Evidence']
['criminal Law' 'evidence Law'] ['admissibility of Evidence' 'credibility Evidence' 'relevance of Evidence']

Case Brief

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Procedural Posture

Criminal / Evidentiary Ruling (voir Dire) During Trial

Legal Issues

  1. 1 ["Whether proposed evidence is 'credibility evidence' as defined by s 101A of the Evidence Act 1995 (NSW)" 'Whether such evidence is only relevant to credibility and therefore inadmissible in chief under s 102']

Ratio Decidendi

The majority of the challenged evidence is not 'credibility evidence' within the meaning of s 101A because it is not relevant only to the credibility of the witness but also to the broader context and factual issues in dispute, especially the meaning and circumstances of an alleged conversation relevant to the charge. One exception—evidence related to the destroyed letter—was excluded as it was relevant only to credibility.

Court Disposition

Majority of evidence admitted; objection largely rejected, one exception excluded.

Orders

  • ['All paragraphs objected to in voir dire exhibits J and K—except para 36 of J and para 19 of K—are admitted as evidence-in-chief; those two paragraphs are excluded but may be reconsidered after cross-examination under ss 39 and 108 of the Evidence Act.']