R v Ngo; Dinh; Dao [2001] NSWSC 595

R v Ngo; Dinh; Dao [2001] NSWSC 595

Rulings were given admitting most of the challenged evidence: the ballistics and circumstantial evidence regarding the murder weapon was admissible due to its collective probative value; the deceased witness's evidence, including content potentially showing the accused's consciousness of guilt, was admissible under the Evidence Act as amended; evidence relating only to credibility could not be led in chief but could be addressed in opening and re-examination; acts and declarations before Dinh's alleged entry into the joint enterprise were admissible to show the nature of the enterprise and the circumstances of his recruitment, but not as proof of his participation.

Jurisdiction
Australia
Judgment Date
08 March 2001
Procedural Posture
Criminal / Rulings on Admissibility of Evidence Before Empanelling of Jury
Outcome
Rulings on admissibility of disputed evidence delivered; most objections dismissed and evidence admitted subject to directions or specific limitations.
Legal Topics
['voir Dire' 'admissibility of Evidence' 'hearsay' 'credibility of Witnesses' 'joint Criminal Enterprise']
['criminal Law'] ['voir Dire' 'admissibility of Evidence' 'hearsay' 'credibility of Witnesses' 'joint Criminal Enterprise']

Case Brief

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Procedural Posture

Criminal / Rulings on Admissibility of Evidence Before Empanelling of Jury

Legal Issues

  1. 1 ['Whether certain ballistics and circumstantial evidence regarding the weapon is admissible' 'Admissibility of hearsay under Evidence Act (regarding deceased witness)' 'Proper limits of evidence relating only to credibility in chief' 'Admissibility of acts and declarations before alleged joint enterprise as against later-joining accused']

Ratio Decidendi

Rulings were given admitting most of the challenged evidence: the ballistics and circumstantial evidence regarding the murder weapon was admissible due to its collective probative value; the deceased witness's evidence, including content potentially showing the accused's consciousness of guilt, was admissible under the Evidence Act as amended; evidence relating only to credibility could not be led in chief but could be addressed in opening and re-examination; acts and declarations before Dinh's alleged entry into the joint enterprise were admissible to show the nature of the enterprise and the circumstances of his recruitment, but not as proof of his participation.

Court Disposition

Rulings on admissibility of disputed evidence delivered; most objections dismissed and evidence admitted subject to directions or specific limitations.

Orders

  • ['Objections to ballistics and related circumstantial evidence overruled; evidence admitted.' "Objection to deceased witness's testimony overruled; evidence including alleged lie admitted under s 65 and s 82 as amended." 'Objection to credibility evidence in chief sustained; such evidence not to be led in chief but...