R v Geeves; R v Geeves (No. 3) [2024] NSWSC 862

The evidence comprised in the 9 July 2024 statement of Angela Fitzpatrick is excluded because, while the circumstances make it highly probable that the representation was reliable, the probative value on the question of coercion and control is very low and the potential for unfair prejudice to the accused is very high due to the witness's explanation being based on rumour and suspicion that is not able to be properly examined.

Parties: Crown: Rex; Accused: Robert Samuel Geeves; Accused: Anne Margaret Geeves
Jurisdiction: Australia
Judgment Date: 15 July 2024
Procedural Posture: Criminal / Procedural Ruling During Murder Trial
Outcome: Evidence excluded
Legal Topics: Hearsay Evidence, Admissibility of Evidence, Unfair Prejudice, Murder

Criminal Law Hearsay Evidence Admissibility of Evidence Unfair Prejudice Murder

Case Brief

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Full judgment text Downloadable case file Legal principles 2 Authorities cited 5 Party arguments 2

Parties

Rex

Crown

Robert Samuel Geeves

Accused

Anne Margaret Geeves

Accused

Procedural Posture

Criminal / Procedural Ruling During Murder Trial

Legal Issues

1 Whether representation made by an unavailable witness (Amber Haigh) should be received into evidence pursuant to s 65(2)(c) of the Evidence Act 1995 (NSW)
2 Whether the probative value of evidence is outweighed by the danger of unfair prejudice to the defendant under s 137 of the Act

Ratio Decidendi

Court Disposition

Evidence excluded

Orders

Evidence comprising the 9 July 2024 statement of Angela Fitzpatrick will not be admitted.