R v Ryan [2020] NSWSC 1394

R v Ryan [2020] NSWSC 1394

The statutory hurdles required by s 65(2)(b) and (c) of the Evidence Act 1995 (NSW) have not been overcome; the circumstances relied upon by the Crown do not give rise to a positive satisfaction as to lack of fabrication or high probability of reliability. The hearsay evidence is inadmissible.

Parties
Crown: Regina; Accused: Paul Ryan
Jurisdiction
Australia
Judgment Date
01 October 2020
Procedural Posture
Criminal / Application to Adduce Hearsay Evidence on Voir Dire
Outcome
Hearsay evidence inadmissible
Legal Topics
Hearsay Evidence, Evidence, Admissibility of Evidence, Unavailable Witness
Criminal Law Hearsay Evidence Evidence Admissibility of Evidence Unavailable Witness

Case Brief

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Parties

Regina

Crown

Paul Ryan

Accused

Procedural Posture

Criminal / Application to Adduce Hearsay Evidence on Voir Dire

Legal Issues

  1. 1 Whether hearsay evidence from the deceased to her sister is admissible under s 65(2)(b) or (c) Evidence Act 1995 (NSW)

Ratio Decidendi

The statutory hurdles required by s 65(2)(b) and (c) of the Evidence Act 1995 (NSW) have not been overcome; the circumstances relied upon by the Crown do not give rise to a positive satisfaction as to lack of fabrication or high probability of reliability. The hearsay evidence is inadmissible.

Court Disposition

Hearsay evidence inadmissible

Orders

  • The hearsay evidence objected to will not be admitted.