R v Carbone [2016] NSWSC 1591

R v Carbone [2016] NSWSC 1591

The requirements of s 65(2)(d) of the Evidence Act are not satisfied as the statement was not shown to be likely reliable in the circumstances it was made, and even if those requirements were satisfied, the unfair prejudice to the accused in admitting the untested statement would outweigh its probative value.

Jurisdiction
Australia
Judgment Date
08 November 2016
Procedural Posture
Criminal / Procedural Ruling on Admissibility of Evidence Prior to Trial
Outcome
Application to admit the statement of Kale Turner refused.
Legal Topics
['murder' 'hearsay Evidence' 'admissibility of Statements' 'unavailability of Witness' 'section 65 Evidence Act']
['criminal Law' 'evidence'] ['murder' 'hearsay Evidence' 'admissibility of Statements' 'unavailability of Witness' 'section 65 Evidence Act']

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Procedural Posture

Criminal / Procedural Ruling on Admissibility of Evidence Prior to Trial

Legal Issues

  1. 1 ['Whether the hearsay statement of Kale Turner is admissible under s 65(2)(d) of the Evidence Act 1995 (NSW)' 'Whether all reasonable steps were taken to establish the unavailability of the witness' 'Whether the representation was made in circumstances likely to ensure its reliability' 'Whether unfair prejudice outweighs probative value']

Ratio Decidendi

The requirements of s 65(2)(d) of the Evidence Act are not satisfied as the statement was not shown to be likely reliable in the circumstances it was made, and even if those requirements were satisfied, the unfair prejudice to the accused in admitting the untested statement would outweigh its probative value.

Court Disposition

Application to admit the statement of Kale Turner refused.

Orders

  • ['Refuse the application under s 65 Evidence Act to admit the statement of Kale Turner dated 25 May 2015.']