R v Crane, James (No 2) [2021] NSWSC 1071

R v Crane, James (No 2) [2021] NSWSC 1071

Simon Rodden was not "not available" within cl 4 of Pt 2 of the Dictionary to the Evidence Act 1995 (NSW). Section 17(3) made him non-compellable as a jointly tried associated defendant, but did not prohibit him from giving evidence and did not satisfy cl 4(1)(g), which applies only where legally available steps to compel evidence have been taken without success. Because Rodden was taken to be available, s 65(8)(b) was not engaged and James Crane could not tender any part of Rodden's statement.

Jurisdiction
Australia
Judgment Date
26 August 2021
Procedural Posture
Criminal Proceeding; Charge of Murder / Pre Trial Evidentiary Ruling Under S 192 a of the Evidence Act 1995 (nsw)
Outcome
Statement of Simon Rodden ruled inadmissible.
Legal Topics
['hearsay' 'first Hand Hearsay' 'unavailability of Witnesses' 'co Accused Competence and Compellability' 'tender of Induced Statement by Accused' 'separate Trial']
['evidence' 'criminal Law' 'criminal Procedure'] ['hearsay' 'first Hand Hearsay' 'unavailability of Witnesses' 'co Accused Competence and Compellability' 'tender of Induced Statement by Accused' 'separate Trial']

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 Proceeding; Charge of Murder / Pre Trial Evidentiary Ruling Under S 192 a of the Evidence Act 1995 (nsw)

Legal Issues

  1. 1 ['Whether Simon Rodden, a co-accused in the same joint trial and not compellable under s 17(3) of the Evidence Act 1995 (NSW), was "not available" to give evidence for the purposes of s 65(1).' "Whether James Crane could rely on s 65(8)(b) of the Evidence Act 1995 (NSW) to tender parts of Simon Rodden's induced statement as a document containing previous representations." 'Whether cl 4(1)(g) of Pt 2 of the Dictionary to the Evidence Act 1995 (NSW) applies where a witness is legally non-compellable rather than unsuccessfully compelled after reasonable steps.' 'Whether cl 4(1)(e) of Pt 2 of the Dictionary to the Evidence Act 1995 (NSW) applies because s 17(3) makes a jointly tried associated defendant non-compellable.']

Ratio Decidendi

Simon Rodden was not "not available" within cl 4 of Pt 2 of the Dictionary to the Evidence Act 1995 (NSW). Section 17(3) made him non-compellable as a jointly tried associated defendant, but did not prohibit him from giving evidence and did not satisfy cl 4(1)(g), which applies only where legally available steps to compel evidence have been taken without success. Because Rodden was taken to be available, s 65(8)(b) was not engaged and James Crane could not tender any part of Rodden's statement.

Court Disposition

Statement of Simon Rodden ruled inadmissible.

Orders

  • ['The accused James Crane may not tender in his case any part of the statement of Simon Rodden made 13 July 2017.']