R v Sinai (No 5) [2021] NSWSC 780

R v Sinai (No 5) [2021] NSWSC 780

Although s 165 applied to Ms Ah Keni's evidence because she might reasonably be supposed to have been criminally concerned in the events giving rise to the proceedings, there were good reasons not to give the requested unreliability warning. The circumstances were unusual: the evidence before the jury was favourable to the defence, the earlier evidence was admitted in cross-examination as untruthful, the defence did not put to the witness the proposition that she was minimising her own culpability by implicating the accused, and such a warning would be complicating, difficult to understand, artificial and speculative. The jury could instead be directed to carefully examine and evaluate...

Jurisdiction
Australia
Judgment Date
23 June 2021
Procedural Posture
Criminal Trial for Murder / Procedural Ruling on Request for Jury Warning Under S 165 of the Evidence Act 1995 (nsw)
Outcome
The request for a warning pursuant to s 165 of the Evidence Act 1995 (NSW) is rejected.
Legal Topics
['jury Warning' 'unreliable Evidence' 'accomplice Evidence' 'evidence Act 1995 (nsw) S 165']
['evidence' 'criminal Law' 'criminal Procedure'] ['jury Warning' 'unreliable Evidence' 'accomplice Evidence' 'evidence Act 1995 (nsw) S 165']

Case Brief

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Procedural Posture

Criminal Trial for Murder / Procedural Ruling on Request for Jury Warning Under S 165 of the Evidence Act 1995 (nsw)

Legal Issues

  1. 1 ["Whether the jury should be warned under s 165 of the Evidence Act 1995 (NSW) that Analosa Ah Keni's evidence may be unreliable." 'Whether there was good reason not to give an unreliability warning despite s 165 applying because Ms Ah Keni might reasonably be supposed to have been criminally concerned in the events giving rise to the proceedings.']

Ratio Decidendi

Although s 165 applied to Ms Ah Keni's evidence because she might reasonably be supposed to have been criminally concerned in the events giving rise to the proceedings, there were good reasons not to give the requested unreliability warning. The circumstances were unusual: the evidence before the jury was favourable to the defence, the earlier evidence was admitted in cross-examination as untruthful, the defence did not put to the witness the proposition that she was minimising her own culpability by implicating the accused, and such a warning would be complicating, difficult to understand, artificial and speculative. The jury could instead be directed to carefully examine and evaluate...

Court Disposition

The request for a warning pursuant to s 165 of the Evidence Act 1995 (NSW) is rejected.

Orders

  • ['The request for a warning pursuant to s 165 of the Evidence Act 1995 (NSW) is rejected.']