R v Al Batat & Ors (No 25) [2020] NSWSC 1388

R v Al Batat & Ors (No 25) [2020] NSWSC 1388

The application was refused because the concerns about Ms Sellers' statement went to the reliability and weight of the hearsay evidence rather than requiring limitation of its use under s 136. The evidence was admissible for a non-hearsay purpose and, by operation of s 60, for hearsay use. The risks arising from the circumstances of the statement, Ms Sellers' failure to adopt the gun-related parts, and possible unreliability could be adequately addressed by strong jury directions and warnings under s 165. The evidence was important to the prosecution case, the trial would not be unduly lengthened, and unfairness could be remedied by direction.

Jurisdiction
Australia
Judgment Date
13 October 2020
Procedural Posture
Criminal Trial Evidentiary Ruling / Application to Limit the Use of Evidence Under S 136 of the Evidence Act 1995 (nsw)
Outcome
Application refused
Legal Topics
['hearsay Evidence' 'prior Inconsistent Statement' 'induced Statement' 'use of Witness Statement to Revive Memory' 'cross Examination of Own Witness' 'limitation of Use of Evidence' 'unfair Prejudice' 'jury Directions']
['criminal Law' 'evidence'] ['hearsay Evidence' 'prior Inconsistent Statement' 'induced Statement' 'use of Witness Statement to Revive Memory' 'cross Examination of Own Witness' 'limitation of Use of Evidence' 'unfair Prejudice' 'jury Directions']

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Procedural Posture

Criminal Trial Evidentiary Ruling / Application to Limit the Use of Evidence Under S 136 of the Evidence Act 1995 (nsw)

Legal Issues

  1. 1 ["Whether evidence in Ms Sellers' induced statement about alleged supply of guns, not adopted by her in court, should be limited under s 136 of the Evidence Act 1995 (NSW) to use only on credibility." "Whether the hearsay use of Ms Sellers' previous representations under s 60 of the Evidence Act 1995 (NSW) created unfair prejudice or risk of misleading or confusing the jury." "Whether concerns about the circumstances in which Ms Sellers' statement was made, including late disclosure of police contact, pressure on the witness, and words or locations apparently outside her knowledge, justified limiting the evidence."]

Ratio Decidendi

The application was refused because the concerns about Ms Sellers' statement went to the reliability and weight of the hearsay evidence rather than requiring limitation of its use under s 136. The evidence was admissible for a non-hearsay purpose and, by operation of s 60, for hearsay use. The risks arising from the circumstances of the statement, Ms Sellers' failure to adopt the gun-related parts, and possible unreliability could be adequately addressed by strong jury directions and warnings under s 165. The evidence was important to the prosecution case, the trial would not be unduly lengthened, and unfairness could be remedied by direction.

Court Disposition

Application refused

Orders

  • ["The application to limit the use of Ms Sellers' evidence pursuant to s 136 of the Evidence Act 1995 (NSW) is refused."]