R v Afu; R v Caleo (No 6) [2018] NSWSC 185

R v Afu; R v Caleo (No 6) [2018] NSWSC 185

Evidence of representations made by unavailable witnesses was admitted as evidence of the fact that they were made, not as evidence of the truth of the assertions. Threats and expressions of fear attributed to the deceased were admitted as relevant to disharmony and context between the parties; opinion evidence was excluded as inadmissible. The evidence was not excluded under s 137 as no unfair prejudice was found.

Jurisdiction
Australia
Judgment Date
07 February 2018
Procedural Posture
Criminal / Evidentiary Ruling
Outcome
evidentiary rulings made
Legal Topics
['admissibility' 'relevancy' 'hearsay' 'opinion Evidence' 'unfair Prejudice' 's 65(2) Evidence Act']
['evidence'] ['admissibility' 'relevancy' 'hearsay' 'opinion Evidence' 'unfair Prejudice' 's 65(2) Evidence Act']

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Procedural Posture

Criminal / Evidentiary Ruling

Legal Issues

  1. 1 ['Admissibility of representations made by unavailable witnesses under s 65(2) Evidence Act' 'Admissibility of opinion evidence by a witness' 'Admissibility of evidence of threats and fear expressed by deceased' 'Balancing probative value against unfair prejudice under Evidence Act']

Ratio Decidendi

Evidence of representations made by unavailable witnesses was admitted as evidence of the fact that they were made, not as evidence of the truth of the assertions. Threats and expressions of fear attributed to the deceased were admitted as relevant to disharmony and context between the parties; opinion evidence was excluded as inadmissible. The evidence was not excluded under s 137 as no unfair prejudice was found.

Court Disposition

evidentiary rulings made

Orders

  • ['Evidence of representations made by Mr Henderson as to what Dr Chye said admitted for the fact of the statements, not for truth.' "Evidence in Dr Thompson's statement [25] admitted as evidence of a threat made, not for truth of assertion." "Ms Thompson's opinion evidence ruled inadmissible." "Evidence of Dr Chye's...