R v Sinai (No 3) [2021] NSWSC 778

R v Sinai (No 3) [2021] NSWSC 778

The hearsay evidence from Thang Duc Nguyen was admissible because the representations by Mr Ledinh were current, repeated immediately to TD Nguyen, followed by steps to locate Khai's home, and were unlikely to be fabricated and highly probably reliable in relation to a dispute over money relevant to possible motive. The $126,000 evidence was admissible because the close temporal relationship between the murder and the accused's possession of a large sum of money supported an available inference that it was payment for the murder, with contrary arguments left for the jury. The covertly recorded 3 August 2018 conversation was admissible after the recording was heard and later voir dire...

Jurisdiction
Australia
Judgment Date
08 June 2021
Procedural Posture
Criminal Evidence Admissibility Rulings in Murder Prosecution / Procedural Rulings on Objections to Prosecution Evidence
Outcome
Prosecution evidence admitted in part and excluded in part.
Legal Topics
['hearsay Evidence' 'motive Evidence' 'circumstantial Evidence' 'unfair Prejudice' 'covertly Recorded Conversations' 'encrypted Communications']
['criminal Law' 'evidence'] ['hearsay Evidence' 'motive Evidence' 'circumstantial Evidence' 'unfair Prejudice' 'covertly Recorded Conversations' 'encrypted Communications']

Case Brief

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Procedural Posture

Criminal Evidence Admissibility Rulings in Murder Prosecution / Procedural Rulings on Objections to Prosecution Evidence

Legal Issues

  1. 1 ['Whether hearsay evidence from Thang Duc Nguyen about an overheard telephone conversation and subsequent statements by Mr Ho Ledinh was admissible as evidence relevant to motive.' 'Whether evidence that police found $126,000 in three cars associated with the accused two days after the murder was admissible as circumstantial evidence relevant to motive or payment.' 'Whether evidence of a covertly recorded conversation on 3 August 2018 was admissible.' 'Whether evidence that the accused acquired and had available encrypted BlackBerry phones was admissible to explain the absence of detected communications between the accused and Mr Kelekolio.']

Ratio Decidendi

The hearsay evidence from Thang Duc Nguyen was admissible because the representations by Mr Ledinh were current, repeated immediately to TD Nguyen, followed by steps to locate Khai's home, and were unlikely to be fabricated and highly probably reliable in relation to a dispute over money relevant to possible motive. The $126,000 evidence was admissible because the close temporal relationship between the murder and the accused's possession of a large sum of money supported an available inference that it was payment for the murder, with contrary arguments left for the jury. The covertly recorded 3 August 2018 conversation was admissible after the recording was heard and later voir dire...

Court Disposition

Prosecution evidence admitted in part and excluded in part.

Orders

  • ['The hearsay evidence from Thang Duc Nguyen which is relevant to motive is admissible.' 'The evidence of police having found $126,000 in three cars between Gundagai and Tarcutta is admissible.' 'Evidence of the covertly recorded conversation on 3 August 2018 is admissible.' 'Evidence of the availability of...