R v Davis and Quinn (No 6) [2020] NSWSC 1888

R v Davis and Quinn (No 6) [2020] NSWSC 1888

Mr Davis is permitted to rely upon Ms Quinn's ERISP in his case under s 65(8) of the Evidence Act 1995 (NSW) because the gateway to admissibility was established, Ms Quinn was unavailable within the meaning of the Act, and there was no sufficient risk of unfair prejudice to the Crown to warrant exclusion under s 135(a).

Jurisdiction
Australia
Judgment Date
17 December 2020
Procedural Posture
Criminal / Evidentiary Ruling During Trial
Outcome
Application upheld; Mr Davis permitted to rely on Ms Quinn's ERISP under s 65(8) of Evidence Act 1995 (NSW) in his defence.
Legal Topics
['murder' 'joint Criminal Enterprise' 'self Defence' 'hearsay' 'admissions' 'tendering Erisp' 'admissibility of Co Accused Statements']
['criminal Law' 'evidence'] ['murder' 'joint Criminal Enterprise' 'self Defence' 'hearsay' 'admissions' 'tendering Erisp' 'admissibility of Co Accused Statements']

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Procedural Posture

Criminal / Evidentiary Ruling During Trial

Legal Issues

  1. 1 ['Can Mr Davis rely upon the ERISP of his co-offender, Hannah Quinn, in his defence under s 65(8) of the Evidence Act 1995 (NSW)?' "Does the exclusion of admissions as against third parties under s 83 of the Evidence Act bar Mr Davis from using Ms Quinn's ERISP?" "Is Ms Quinn 'unavailable' within the meaning of the Evidence Act for the purposes of s 65?" 'Should the court exclude the evidence under s 135(a) due to risk of unfair prejudice to the Crown?']

Ratio Decidendi

Mr Davis is permitted to rely upon Ms Quinn's ERISP in his case under s 65(8) of the Evidence Act 1995 (NSW) because the gateway to admissibility was established, Ms Quinn was unavailable within the meaning of the Act, and there was no sufficient risk of unfair prejudice to the Crown to warrant exclusion under s 135(a).

Court Disposition

Application upheld; Mr Davis permitted to rely on Ms Quinn's ERISP under s 65(8) of Evidence Act 1995 (NSW) in his defence.

Orders

  • ['Mr Davis may rely upon the ERISP of Hannah Quinn in the case under s 65(8) of the Evidence Act 1995 (NSW).']