R v Sio [2013] NSWSC 1412

R v Sio [2013] NSWSC 1412

It was ruled that, given Mr Filihia was unavailable, and his ERISP and statements were made in circumstances likely to be reliable and against interest, the evidence met the requirements of s 65(2)(d) Evidence Act and was not outweighed by unfair prejudice or discretionary exclusion; thus, the evidence should be admitted.

Parties
Prosecution: Regina; Accused: Daniel Jeffrey Sio
Jurisdiction
Australia
Judgment Date
10 September 2013
Procedural Posture
Criminal / Interlocutory Application on Voir Dire Regarding Admissibility of Evidence
Outcome
Application granted - evidence admitted
Legal Topics
Hearsay Exception, Witness Unavailability, Admissibility of Representations, Exclusion of Prejudicial Evidence
Criminal Law Evidence Hearsay Exception Witness Unavailability Admissibility of Representations Exclusion of Prejudicial Evidence

Case Brief

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Parties

Regina

Prosecution

Daniel Jeffrey Sio

Accused

Procedural Posture

Criminal / Interlocutory Application on Voir Dire Regarding Admissibility of Evidence

Legal Issues

  1. 1 Whether statements and ERISP of Richard Filihia are admissible as evidence under hearsay exceptions when the maker is unavailable
  2. 2 Whether the representations are made in circumstances that make them reliable or unlikely to be fabricated
  3. 3 Whether discretion under s 135 or mandatory exclusion under s 137 Evidence Act should be exercised against admission

Ratio Decidendi

It was ruled that, given Mr Filihia was unavailable, and his ERISP and statements were made in circumstances likely to be reliable and against interest, the evidence met the requirements of s 65(2)(d) Evidence Act and was not outweighed by unfair prejudice or discretionary exclusion; thus, the evidence should be admitted.

Court Disposition

Application granted - evidence admitted

Orders

  • ERISP of Richard Filihia on 24 October 2012 admitted, subject to further objections
  • ERISP of Mr Filihia on 25 October 2012 admitted, subject to further objections