R v Cahill (No. 3) [2018] NSWSC 2025

R v Cahill (No. 3) [2018] NSWSC 2025

The Doran statement about Mr Walsh being hit was admissible only as something Mr Walsh said in early 2017, not as proof of the asserted facts, because the passage of time and lack of precision about the incident affected its admissibility for truth. Mr Doran's summary of a Facebook picture was not admitted at that point because direct evidence of the picture might be available. Mr Doyle's evidence of Mr Walsh's report of a screwdriver attack was admitted for the truth of the facts asserted because the alleged complaint was made very shortly after the incident and accompanied by Mr Walsh showing a wound. The further Doran statement about a message threatening to kill Mr Walsh was not...

Jurisdiction
Australia
Judgment Date
12 October 2018
Procedural Posture
Criminal Murder Trial / Pretrial Rulings on Admissibility of Evidence
Outcome
Rulings made on admissibility of evidence.
Legal Topics
['murder Trial' 'hearsay Evidence' 'unavailable Witness' 'admissibility of Representations by Deceased Person' 'evidence Act 1995 S.65' 'limiting Use of Evidence' 'exclusion of Evidence']
['criminal Law' 'evidence'] ['murder Trial' 'hearsay Evidence' 'unavailable Witness' 'admissibility of Representations by Deceased Person' 'evidence Act 1995 S.65' 'limiting Use of Evidence' 'exclusion of Evidence']

Case Brief

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Procedural Posture

Criminal Murder Trial / Pretrial Rulings on Admissibility of Evidence

Legal Issues

  1. 1 ['Whether statements allegedly made by the deceased, Mr Walsh, to Mr Doran about being hit by the Accused should be admitted as evidence of the truth of the facts asserted under s.65 Evidence Act 1995.' "Whether Mr Doran's memory and summary of a Facebook picture should be admitted." 'Whether statements allegedly made by Mr Walsh to Mr Doyle about an attack with a screwdriver should be admitted as evidence of the truth of the facts asserted under s.65 Evidence Act 1995.' "Whether Mr Doran's evidence that Mr Walsh said the Accused messaged him that she was going to kill him should be admitted."]

Ratio Decidendi

The Doran statement about Mr Walsh being hit was admissible only as something Mr Walsh said in early 2017, not as proof of the asserted facts, because the passage of time and lack of precision about the incident affected its admissibility for truth. Mr Doran's summary of a Facebook picture was not admitted at that point because direct evidence of the picture might be available. Mr Doyle's evidence of Mr Walsh's report of a screwdriver attack was admitted for the truth of the facts asserted because the alleged complaint was made very shortly after the incident and accompanied by Mr Walsh showing a wound. The further Doran statement about a message threatening to kill Mr Walsh was not...

Court Disposition

Rulings made on admissibility of evidence.

Orders

  • ["Mr Doran's evidence of Mr Walsh's statement that the Accused hit him while asleep is admitted, but the jury is to be directed that it cannot be used as evidence of the truth of the facts asserted by Mr Walsh." "Mr Doran's memory and summary of what was depicted in a Facebook picture is not admitted at this point;...