R v Weaver (No 10) [2022] NSWSC 621

R v Weaver (No 10) [2022] NSWSC 621

The passage 'You're the reason I'm in this shit in the first place' is capable of being understood by the jury as an implied admission of Mr Weaver's involvement in Mr White's death, providing needed context, and is thus admissible under s 32(3).

Jurisdiction
Australia
Judgment Date
28 April 2022
Procedural Posture
Criminal / Procedural Ruling on Evidence Admission
Outcome
Leave granted to the Crown under s 32(3) for the disputed passage to be read by the witness as part of his evidence.
Legal Topics
['witness Evidence' 'refreshing Memory in Court' 'implied Admissions']
['evidence Law'] ['witness Evidence' 'refreshing Memory in Court' 'implied Admissions']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal / Procedural Ruling on Evidence Admission

Legal Issues

  1. 1 ["Whether the passage from Mr Durocher's police statement may be read as part of his evidence under s 32(3) of the Evidence Act 1995 (NSW)" 'Whether the passage constitutes an admission by Mr Weaver']

Ratio Decidendi

The passage 'You're the reason I'm in this shit in the first place' is capable of being understood by the jury as an implied admission of Mr Weaver's involvement in Mr White's death, providing needed context, and is thus admissible under s 32(3).

Court Disposition

Leave granted to the Crown under s 32(3) for the disputed passage to be read by the witness as part of his evidence.

Orders

  • ['Grant leave to the Crown under s 32(3) for the disputed passage to be read by the witness as part of his evidence.']