R v Payam (No.2) [2015] NSWSC 1820

R v Payam (No.2) [2015] NSWSC 1820

The evidence was hearsay and the Crown did not establish that the deceased's alleged representations were made shortly after the alleged threats or in circumstances making it highly probable that they were reliable. There was no objective evidence supporting the reliability of the representations, the relationship circumstances potentially affected reliability, and Mr Mohammad's poor memory provided an additional reason for reservations. The s 65 exception was therefore not made out and the evidence was inadmissible.

Jurisdiction
Australia
Judgment Date
09 December 2015
Procedural Posture
Criminal Law Sentencing Proceedings; Evidentiary Ruling on Hearsay / Voir Dire During Sentencing Proceedings After Guilty Plea to Murder
Outcome
Evidence inadmissible
Legal Topics
['hearsay' 'admissibility of Evidence' 'evidence Act 1995 S 65' 'previous Representations by Unavailable Persons']
['criminal Law' 'evidence'] ['hearsay' 'admissibility of Evidence' 'evidence Act 1995 S 65' 'previous Representations by Unavailable Persons']

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 Law Sentencing Proceedings; Evidentiary Ruling on Hearsay / Voir Dire During Sentencing Proceedings After Guilty Plea to Murder

Legal Issues

  1. 1 ['Whether evidence from two witnesses that the deceased said the offender had previously threatened him was admissible despite the hearsay rule.' "Whether the exception in s 65(2)(b) or s 65(2)(c) of the Evidence Act 1995 applied to the deceased's alleged previous representations."]

Ratio Decidendi

The evidence was hearsay and the Crown did not establish that the deceased's alleged representations were made shortly after the alleged threats or in circumstances making it highly probable that they were reliable. There was no objective evidence supporting the reliability of the representations, the relationship circumstances potentially affected reliability, and Mr Mohammad's poor memory provided an additional reason for reservations. The s 65 exception was therefore not made out and the evidence was inadmissible.

Court Disposition

Evidence inadmissible

Orders

  • ["The evidence of the two witnesses concerning the deceased's alleged statements about threats by the offender was ruled inadmissible."]