R v Dawson [2022] NSWSC 812

R v Dawson [2022] NSWSC 812

The tender was deferred because the evidence was silent or not sufficiently specific about the volume or complexity of the documents in question, leaving the Court without material on which to be satisfied under s 50(1) of the Evidence Act 1995 (NSW) that it would not otherwise be possible conveniently to examine the evidence.

Jurisdiction
Australia
Judgment Date
17 June 2022
Procedural Posture
Criminal Murder Trial / Procedural Ruling on Crown Tender of Statements as Summaries Under S 50 of the Evidence Act 1995 (nsw)
Outcome
Tender deferred.
Legal Topics
['murder Trial' 'proof of Death' 'voluminous or Complex Documents' 'admissibility of Summaries' 'evidence Act 1995 (nsw), S 50']
['criminal Law' 'evidence'] ['murder Trial' 'proof of Death' 'voluminous or Complex Documents' 'admissibility of Summaries' 'evidence Act 1995 (nsw), S 50']

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Procedural Posture

Criminal Murder Trial / Procedural Ruling on Crown Tender of Statements as Summaries Under S 50 of the Evidence Act 1995 (nsw)

Legal Issues

  1. 1 ['Whether the Crown should be permitted to tender two statements by Karen Isabel Dawson summarising inquiries made with public agencies to locate whether Lynette Dawson is alive or dead.' 'Whether it would not otherwise be possible conveniently to examine the evidence because of the volume or complexity of the documents in question under s 50(1) of the Evidence Act 1995 (NSW).' 'Whether the summaries were inadmissible because source documents were not adequately identified or annexed.' 'Whether the fact that the summaries did not themselves establish beyond reasonable doubt that Lynette Dawson is dead affected admissibility or only utility or weight.']

Ratio Decidendi

The tender was deferred because the evidence was silent or not sufficiently specific about the volume or complexity of the documents in question, leaving the Court without material on which to be satisfied under s 50(1) of the Evidence Act 1995 (NSW) that it would not otherwise be possible conveniently to examine the evidence.

Court Disposition

Tender deferred.

Orders

  • ['Defer tender of two statements made by Karen Dawson.']