R v Scott Alan MAY (No 2) [2008] NSWSC 595

R v Scott Alan MAY (No 2) [2008] NSWSC 595

At this stage, there is no independent evidence of a common purpose between Mr Rafferty and the accused, as required by s 87(1)(c) of the Evidence Act 1995 and the common law authorities, and thus the representation is not admissible. Leave to re-open and adduce the evidence is refused unless and until such independent evidence is led.

Jurisdiction
Australia
Judgment Date
13 May 2008
Procedural Posture
Criminal / Preliminary Ruling on Admissibility of Evidence
Outcome
Application to re-open examination in chief refused at this stage; leave granted to apply to re-call witness if independent evidence of a common purpose is later adduced.
Legal Topics
['admissibility of Co Conspirator Representations' 'section 87(1)(c) Evidence Act' 'common Purpose' 're Opening Examination in Chief']
['evidence' 'criminal Law'] ['admissibility of Co Conspirator Representations' 'section 87(1)(c) Evidence Act' 'common Purpose' 're Opening Examination in Chief']

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Procedural Posture

Criminal / Preliminary Ruling on Admissibility of Evidence

Legal Issues

  1. 1 ['Whether the representation made by Mr Rafferty to DN is admissible as evidence against the accused under s 87(1)(c) of the Evidence Act 1995' 'Whether there is independent evidence of a common purpose between Mr Rafferty and the accused' 'Whether leave should be granted to re-open examination in chief']

Ratio Decidendi

At this stage, there is no independent evidence of a common purpose between Mr Rafferty and the accused, as required by s 87(1)(c) of the Evidence Act 1995 and the common law authorities, and thus the representation is not admissible. Leave to re-open and adduce the evidence is refused unless and until such independent evidence is led.

Court Disposition

Application to re-open examination in chief refused at this stage; leave granted to apply to re-call witness if independent evidence of a common purpose is later adduced.

Orders

  • ['Leave to re-open examination in chief refused at this stage.' 'Leave granted to apply to re-call witness if independent evidence were to be adduced.']