R v Weaver (No 9) [2022] NSWSC 523

R v Weaver (No 9) [2022] NSWSC 523

The statement in question is a non-contemporaneous narrative lacking direct indication of Mr White's state of mind at the relevant time; any inference drawn would be speculative, and the evidence does not rationally bear on the probability of the existence of any fact relevant to the accused's belief in the necessity of self-defence. The evidence is therefore not relevant and is rejected.

Jurisdiction
Australia
Judgment Date
29 April 2022
Procedural Posture
Criminal / Evidentiary Ruling (voir Dire) Before Trial Evidence From Witness
Outcome
Contested evidence rejected
Legal Topics
['hearsay Exceptions' 'contemporaneous Representation' 'state of Mind Evidence' 'exclusion of Evidence for Prejudice']
['criminal Law' 'evidence'] ['hearsay Exceptions' 'contemporaneous Representation' 'state of Mind Evidence' 'exclusion of Evidence for Prejudice']

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Procedural Posture

Criminal / Evidentiary Ruling (voir Dire) Before Trial Evidence From Witness

Legal Issues

  1. 1 ["Whether a portion of Ms Hampson's statement is admissible as a contemporaneous representation about state of mind under s 66A Evidence Act 1995 (NSW)" 'Whether the probative value of the evidence is outweighed by prejudicial effect under ss 135 or 137 Evidence Act 1995 (NSW)']

Ratio Decidendi

The statement in question is a non-contemporaneous narrative lacking direct indication of Mr White's state of mind at the relevant time; any inference drawn would be speculative, and the evidence does not rationally bear on the probability of the existence of any fact relevant to the accused's belief in the necessity of self-defence. The evidence is therefore not relevant and is rejected.

Court Disposition

Contested evidence rejected

Orders

  • ["The emphasised portion of paragraph 6 of Ms Hampson's statement of 22 December 2019 is rejected as evidence"]