R v Basanovic and ors (No. 4) [2015] NSWSC 1100

R v Basanovic and ors (No. 4) [2015] NSWSC 1100

The tender of the transcript is rejected because the Crown did not take all reasonable steps to secure the witness's attendance and s 65(1) is not satisfied; even if admissible, the danger of unfair prejudice to the accused outweighs the probative value.

Jurisdiction
Australia
Judgment Date
13 August 2015
Procedural Posture
Criminal / Procedural Ruling on Admissibility of Evidence
Outcome
Tender of transcript evidence rejected
Legal Topics
['hearsay Evidence' 'witness Unavailability' 'prior Inconsistent Statements' 'probative Value' 'unfair Prejudice']
['criminal Law' 'evidence'] ['hearsay Evidence' 'witness Unavailability' 'prior Inconsistent Statements' 'probative Value' 'unfair Prejudice']

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Procedural Posture

Criminal / Procedural Ruling on Admissibility of Evidence

Legal Issues

  1. 1 ['Whether hearsay evidence from transcript is admissible under s 65(2) of the Evidence Act 1995 (NSW)' 'Whether witness (Andre James) is unavailable for the purposes of s 65' 'Whether reasonable steps were taken to secure witness attendance' 'Whether probative value of evidence outweighed by unfair prejudice under s 137 Evidence Act']

Ratio Decidendi

The tender of the transcript is rejected because the Crown did not take all reasonable steps to secure the witness's attendance and s 65(1) is not satisfied; even if admissible, the danger of unfair prejudice to the accused outweighs the probative value.

Court Disposition

Tender of transcript evidence rejected

Orders

  • ['The tender of the transcript of the examination of Andre James from the New South Wales Crime Commission is rejected.']