R v Afu; R v Caleo [2017] NSWSC 1780

R v Afu; R v Caleo [2017] NSWSC 1780

Some of Mimi Chan's evidence was admissible under s 66A only in relation to the alleged murder of Rita Caleo because it concerned Rita Caleo's state of mind, feelings, knowledge or relationship with Mr Caleo. However, representations concerning Mr Caleo's alleged involvement in Dr Chye's murder were largely inadmissible as admissions or second-hand hearsay, or were excluded under s 137 where the jury would be left to speculate about their basis. The letter dated 15 May 1990 was excluded in its entirety because its representations were not admissible under s 65(2)(c), were unsupported by admissible evidence showing a rational foundation for the asserted fears or beliefs, included...

Jurisdiction
Australia
Judgment Date
30 November 2017
Procedural Posture
Criminal Proceedings for Murder and Solicit to Murder / Pre Trial Evidentiary Rulings on Admissibility of Mimi Chan's Evidence and a Letter Written by Rita Caleo
Outcome
Evidentiary rulings made; letter excluded in entirety; some parts of Mimi Chan's evidence admitted only in relation to the alleged murder of Rita Caleo and other parts excluded.
Legal Topics
['hearsay' 'unavailable Maker' 'contemporaneous Representations About State of Mind' 'admissions' 'opinion Evidence' 'unfair Prejudice' "admissibility of Deceased's Letter" 'separate Trial Application Context']
['criminal Law' 'evidence'] ['hearsay' 'unavailable Maker' 'contemporaneous Representations About State of Mind' 'admissions' 'opinion Evidence' 'unfair Prejudice' "admissibility of Deceased's Letter" 'separate Trial Application Context']

Case Brief

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Procedural Posture

Criminal Proceedings for Murder and Solicit to Murder / Pre Trial Evidentiary Rulings on Admissibility of Mimi Chan's Evidence and a Letter Written by Rita Caleo

Legal Issues

  1. 1 ['Whether statements attributed to Rita Caleo by Mimi Chan were admissible under exceptions to the hearsay rule, including s 66A Evidence Act 1995 (NSW).' "Whether parts of Mimi Chan's evidence were inadmissible as second-hand hearsay or admissions under s 82 Evidence Act 1995 (NSW)." 'Whether the letter written by Rita Caleo on 15 May 1990 was admissible under s 65(2)(c) or s 66A Evidence Act 1995 (NSW).' 'Whether otherwise admissible evidence should be excluded under s 137 Evidence Act 1995 (NSW) because its probative value was outweighed by the danger of unfair prejudice.' 'Whether representations in the letter were inadmissible opinion evidence under s 76 Evidence Act 1995 (NSW).']

Ratio Decidendi

Some of Mimi Chan's evidence was admissible under s 66A only in relation to the alleged murder of Rita Caleo because it concerned Rita Caleo's state of mind, feelings, knowledge or relationship with Mr Caleo. However, representations concerning Mr Caleo's alleged involvement in Dr Chye's murder were largely inadmissible as admissions or second-hand hearsay, or were excluded under s 137 where the jury would be left to speculate about their basis. The letter dated 15 May 1990 was excluded in its entirety because its representations were not admissible under s 65(2)(c), were unsupported by admissible evidence showing a rational foundation for the asserted fears or beliefs, included...

Court Disposition

Evidentiary rulings made; letter excluded in entirety; some parts of Mimi Chan's evidence admitted only in relation to the alleged murder of Rita Caleo and other parts excluded.

Orders

  • ['Evidence that Rita Caleo said Mark Caleo wanted a divorce because he was having an affair was admitted in relation to the second murder only.' 'Evidence that Rita Caleo was not worried about C H Low was admitted in relation to the second murder only.' 'Evidence that Rita Caleo was worried and said she had no...