R v Stevenson [2019] NSWDC 232

R v Stevenson [2019] NSWDC 232

The representations in question fail the 'high probability of reliability' test under s 65(2)(c) of the Evidence Act 1995, given the passage of 44 years, inability to test accuracy, and unresolved questions about the complainant's recollection. Accordingly, the statements are inadmissible at trial.

Jurisdiction
Australia
Judgment Date
08 May 2019
Procedural Posture
Criminal / Pre Trial Ruling on Admissibility (voir Dire)
Outcome
Proposed prosecution evidence ruled inadmissible at trial.
Legal Topics
['hearsay' 'unavailable Witnesses' 'admissibility of Evidence' 'reliability of Representations' 'coincidence and Tendency Evidence']
['criminal Law' 'evidence Law'] ['hearsay' 'unavailable Witnesses' 'admissibility of Evidence' 'reliability of Representations' 'coincidence and Tendency Evidence']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal / Pre Trial Ruling on Admissibility (voir Dire)

Legal Issues

  1. 1 ['Whether statements of the deceased complainant are admissible under s 65 Evidence Act 1995 as representations made in circumstances highly probable to be reliable' 'Whether such evidence is admissible as tendency or coincidence evidence']

Ratio Decidendi

The representations in question fail the 'high probability of reliability' test under s 65(2)(c) of the Evidence Act 1995, given the passage of 44 years, inability to test accuracy, and unresolved questions about the complainant's recollection. Accordingly, the statements are inadmissible at trial.

Court Disposition

Proposed prosecution evidence ruled inadmissible at trial.

Orders

  • ['Statements in voir dire exhibit A are not to be admitted in evidence at trial.']