Regina v Vincent Allan POLKINGHORNE [1999] NSWSC 704

Regina v Vincent Allan POLKINGHORNE [1999] NSWSC 704

The deceased's statement to her mother was made shortly after the asserted fact occurred and in circumstances which did not make fabrication likely and did not derogate from reliability. The later statements or non-responses to ambulance officers were separate representations and did not require exclusion of the statement to the mother. The accused did not persuade the Court that the probative value of the statement was outweighed by the danger of unfair prejudice under s 137. The evidence was therefore admissible.

Jurisdiction
Australia
Judgment Date
13 July 1999
Procedural Posture
Criminal Prosecution for Murder / Voir Dire Admissibility Ruling
Outcome
Evidence admitted
Legal Topics
['admissibility of Evidence' 'hearsay Exceptions' 'previous Representations' 'contemporaneous Statements' 'unfair Prejudice']
['criminal Law' 'evidence'] ['admissibility of Evidence' 'hearsay Exceptions' 'previous Representations' 'contemporaneous Statements' 'unfair Prejudice']

Case Brief

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Procedural Posture

Criminal Prosecution for Murder / Voir Dire Admissibility Ruling

Legal Issues

  1. 1 ['Whether evidence of the deceased\'s statement to her mother, "Mum, Vin stabbed me", was admissible under s 65(2)(b) or s 65(2)(c) of the Evidence Act 1995 (NSW).' 'Whether the statement was admissible under s 72 of the Evidence Act 1995 (NSW).' 'Whether the evidence should be excluded under s 137 of the Evidence Act 1995 (NSW) because its probative value was outweighed by the danger of unfair prejudice to the accused.']

Ratio Decidendi

The deceased's statement to her mother was made shortly after the asserted fact occurred and in circumstances which did not make fabrication likely and did not derogate from reliability. The later statements or non-responses to ambulance officers were separate representations and did not require exclusion of the statement to the mother. The accused did not persuade the Court that the probative value of the statement was outweighed by the danger of unfair prejudice under s 137. The evidence was therefore admissible.

Court Disposition

Evidence admitted

Orders

  • ['Evidence of the statement made by the deceased to her mother will be admitted.']