R v Rajapakse [2024] NSWSC 1226

R v Rajapakse [2024] NSWSC 1226

No impropriety by police was established in obtaining the statements from Mr Dunk; mere perceived pressure or threat was not accepted on the evidence. The probative value of the evidence outweighs any danger of unfair prejudice. There is no basis to exclude the investigator's note or evidence of the 'off the record' conversation under ss 137, 138, or 135 of the Evidence Act. Also, there is no procedural bar to summary evidence given in the form involved.

Parties
Crown: Rex; Accused: Russel Rajapakse
Jurisdiction
Australia
Judgment Date
28 August 2024
Procedural Posture
Criminal / Procedural Ruling During Trial
Outcome
Application to exclude evidence rejected
Legal Topics
Exclusion of Evidence, Discretions Under Evidence Act, Improperly Obtained Evidence, Probative Value Vs Unfair Prejudice, Off the Record Police Conversations
Evidence Criminal Law Criminal Procedure Exclusion of Evidence Discretions Under Evidence Act Improperly Obtained Evidence Probative Value Vs Unfair Prejudice Off the Record Police Conversations

Case Brief

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Parties

Rex

Crown

Russel Rajapakse

Accused

Procedural Posture

Criminal / Procedural Ruling During Trial

Legal Issues

  1. 1 Whether evidence arising from an 'off the record' conversation between a witness (Shannon Dunk) and police should be excluded under s 138 of the Evidence Act 1995 (NSW) as improperly obtained
  2. 2 Whether the same evidence or portions are unfairly prejudicial and should be excluded under s 137 of the Evidence Act
  3. 3 Whether the form of the investigator's note precludes its use or restricts its use in cross-examination

Ratio Decidendi

No impropriety by police was established in obtaining the statements from Mr Dunk; mere perceived pressure or threat was not accepted on the evidence. The probative value of the evidence outweighs any danger of unfair prejudice. There is no basis to exclude the investigator's note or evidence of the 'off the record' conversation under ss 137, 138, or 135 of the Evidence Act. Also, there is no procedural bar to summary evidence given in the form involved.

Court Disposition

Application to exclude evidence rejected

Orders

  • The accused's application to exclude the evidence contained within the investigator's note prepared by Detective Senior Constable Gillett on 2 November 2020, and the note itself, is rejected.