R v Parker (No. 2) [2018] NSWSC 1122

R v Parker (No. 2) [2018] NSWSC 1122

Mr Chick's statement was rejected because the Crown did not prove that it was made under a duty or in circumstances making it highly probable that it was reliable. The evidence that the deceased had previously arranged for others to inject him was tendency evidence with significant probative value and without relevant unfair prejudice, so the evidence of Margaret McBride and Michael Ballard was admitted. Ms Harvey's clinical note was potentially admissible as a business record, but the ruling on its admissibility and any requirement to call her was deferred pending return of a subpoena. Because rejection of Mr Chick's statement left no evidence of the deceased's compromised state during...

Jurisdiction
Australia
Judgment Date
10 July 2018
Procedural Posture
Criminal Proceedings for Manslaughter and Supply of a Prohibited Drug / Pre Trial Procedural and Evidentiary Rulings Before Jury Empanelment
Outcome
Statement rejected; tendency evidence admitted in part; ruling on clinical note deferred; Crown not to proceed on manslaughter by criminal negligence.
Legal Topics
['hearsay Evidence Where Maker Unavailable' 'tendency Evidence' 'business Records' 'manslaughter by Unlawful and Dangerous Act' 'manslaughter by Criminal Negligence' 'duty of Care in Criminal Negligence Manslaughter']
['evidence' 'criminal Law'] ['hearsay Evidence Where Maker Unavailable' 'tendency Evidence' 'business Records' 'manslaughter by Unlawful and Dangerous Act' 'manslaughter by Criminal Negligence' 'duty of Care in Criminal Negligence Manslaughter']

Case Brief

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Procedural Posture

Criminal Proceedings for Manslaughter and Supply of a Prohibited Drug / Pre Trial Procedural and Evidentiary Rulings Before Jury Empanelment

Legal Issues

  1. 1 ["Whether Brendan Chick's police statement dated 31 July 2016 should be admitted under s 65 of the Evidence Act 1995 (NSW) where the maker was deceased." 'Whether evidence that the deceased did not inject himself on prior occasions but arranged for others to inject him should be admitted as tendency evidence.' "Whether Sarah Harvey's clinical note should be admitted as a business record and whether the Crown should be required to call her." 'Whether the Crown should be permitted to open on manslaughter by criminal negligence.']

Ratio Decidendi

Mr Chick's statement was rejected because the Crown did not prove that it was made under a duty or in circumstances making it highly probable that it was reliable. The evidence that the deceased had previously arranged for others to inject him was tendency evidence with significant probative value and without relevant unfair prejudice, so the evidence of Margaret McBride and Michael Ballard was admitted. Ms Harvey's clinical note was potentially admissible as a business record, but the ruling on its admissibility and any requirement to call her was deferred pending return of a subpoena. Because rejection of Mr Chick's statement left no evidence of the deceased's compromised state during...

Court Disposition

Statement rejected; tendency evidence admitted in part; ruling on clinical note deferred; Crown not to proceed on manslaughter by criminal negligence.

Orders

  • ['The statement of Brendan Chick dated 31 July 2016 is rejected.' "The tendency rule is not to apply to the evidence in paragraphs [9] and [10] of Margaret McBride's statement dated 12 July 2016, paragraphs [6] and [7] of Michael Ballard's statement dated 12 July 2016, and the clinical note made by Sarah Harvey of...