R v Xie (No 2) [2015] NSWSC 2116

R v Xie (No 2) [2015] NSWSC 2116

The accused has not demonstrated sufficient necessity for departing from the ordinary rule that witnesses give oral evidence in person at trial. The grounds advanced do not justify interfering with the Crown's usual right to present its evidence through live witnesses, especially where the witnesses are competent, available, and willing to testify, and the accused’s right to a fair trial is not compromised by following the ordinary procedure.

Parties
Prosecution: The Crown; Accused: Lian Bin (Robert) Xie
Jurisdiction
Australia
Judgment Date
03 February 2015
Procedural Posture
Criminal / Pre Trial; Application to Read Previous Evidence of Witnesses at Pending Trial
Outcome
The notice of motion is dismissed.
Legal Topics
Pre Trial Applications, Admission of Evidence, Inherent Power of the Court, Witness Competence, Procedural Fairness
Criminal Law Pre Trial Applications Admission of Evidence Inherent Power of the Court Witness Competence Procedural Fairness

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Parties

The Crown

Prosecution

Lian Bin (Robert) Xie

Accused

Procedural Posture

Criminal / Pre Trial; Application to Read Previous Evidence of Witnesses at Pending Trial

Legal Issues

  1. 1 Whether the prior recorded evidence of witnesses Mr Lin and Mrs Zhu should be read as their entirety of evidence in the pending trial rather than calling them to give evidence in person
  2. 2 Whether re-enactment of their previous evidence is appropriate or necessary in the interest of a fair trial

Ratio Decidendi

The accused has not demonstrated sufficient necessity for departing from the ordinary rule that witnesses give oral evidence in person at trial. The grounds advanced do not justify interfering with the Crown's usual right to present its evidence through live witnesses, especially where the witnesses are competent, available, and willing to testify, and the accused’s right to a fair trial is not compromised by following the ordinary procedure.

Court Disposition

The notice of motion is dismissed.

Orders

  • The accused's application to have previous evidence read and tendered as entirety of evidence is dismissed.