R v Bates [2024] NSWDC 612

R v Bates [2024] NSWDC 612

The evidence (documents) is provisionally admissible because the Evidence Act 1995 permits the jury, as triers of fact, to determine relevance and authenticity if it is reasonably open to do so; provisional admission is appropriate even though the asserted author contests authenticity, and appropriate judicial directions will be given as to assessment of the evidence.

Parties
Accused: Tyler Bates; Crown: Public Prosecutions (NSW)
Jurisdiction
Australia
Judgment Date
09 October 2024
Procedural Posture
Criminal Trial / Voir Dire/procedural Ruling During Trial
Outcome
The contested documents are admissible; the defence can tender the copies notwithstanding the complainant's contest of authenticity. Judicial directions to be given as to assessment by the jury.
Legal Topics
Admissibility of Evidence, Documentary Evidence, Authenticity of Documents, Jury Directions, Sexual Offences, Relationship Evidence
Criminal Law Evidence Law Admissibility of Evidence Documentary Evidence Authenticity of Documents Jury Directions Sexual Offences Relationship Evidence

Case Brief

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Parties

Tyler Bates

Accused

Public Prosecutions (NSW)

Crown

Procedural Posture

Criminal Trial / Voir Dire/procedural Ruling During Trial

Legal Issues

  1. 1 Whether defence can tender documents as evidence when their authenticity is contested by the complainant
  2. 2 How jury should approach assessment of authenticity and relevance of challenged documentary evidence

Ratio Decidendi

The evidence (documents) is provisionally admissible because the Evidence Act 1995 permits the jury, as triers of fact, to determine relevance and authenticity if it is reasonably open to do so; provisional admission is appropriate even though the asserted author contests authenticity, and appropriate judicial directions will be given as to assessment of the evidence.

Court Disposition

The contested documents are admissible; the defence can tender the copies notwithstanding the complainant's contest of authenticity. Judicial directions to be given as to assessment by the jury.

Orders

  • The material sought to be tendered, is admissible. The defence can tender copies of communications even though their asserted author contests their authenticity. I will give the jury directions about how it is to be used.