R v Sinai (No 4) [2021] NSWSC 779

R v Sinai (No 4) [2021] NSWSC 779

The objections to Ms Ah Keni giving evidence for the prosecution, both under s 146 of the Criminal Procedure Act 1986 (NSW) and s 18 of the Evidence Act 1995 (NSW), were rejected because the desirability of her evidence in establishing the accused's involvement outweighed the likelihood and extent of harm to her familial relationships and welfare, and late notice by the Crown was justified by a material change in the defence case.

Parties
Prosecution: Regina; Accused: Abraham Sinai
Jurisdiction
Australia
Judgment Date
08 June 2021
Procedural Posture
Criminal / Procedural Ruling on Objections to Evidence
Outcome
Objection to compellability of spouse as witness rejected; Crown permitted to call Ms Ah Keni as a witness
Legal Topics
Compellability of Spouse as Witness, Pre Trial Disclosure, Exclusion of Evidence
Criminal Law Evidence Compellability of Spouse as Witness Pre Trial Disclosure Exclusion of Evidence

Case Brief

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Parties

Regina

Prosecution

Abraham Sinai

Accused

Procedural Posture

Criminal / Procedural Ruling on Objections to Evidence

Legal Issues

  1. 1 Whether the Crown should be prevented from calling Ms Ah Keni due to late notice under s 146 Criminal Procedure Act 1986 (NSW)
  2. 2 Whether Ms Ah Keni, wife of the accused, should be compelled to give evidence for the prosecution despite her objection under s 18 Evidence Act 1995 (NSW)

Ratio Decidendi

The objections to Ms Ah Keni giving evidence for the prosecution, both under s 146 of the Criminal Procedure Act 1986 (NSW) and s 18 of the Evidence Act 1995 (NSW), were rejected because the desirability of her evidence in establishing the accused's involvement outweighed the likelihood and extent of harm to her familial relationships and welfare, and late notice by the Crown was justified by a material change in the defence case.

Court Disposition

Objection to compellability of spouse as witness rejected; Crown permitted to call Ms Ah Keni as a witness

Orders

  • Objection to wife of accused giving evidence pursuant to s 146 Criminal Procedure Act 1986 (NSW) rejected
  • Objection by Ms Ah Keni to giving evidence pursuant to s 18 Evidence Act 1995 (NSW) rejected