R v Xie (No 22) [2016] NSWSC 1923

R v Xie (No 22) [2016] NSWSC 1923

Evidence of complaint made by Ms Lin is admissible for both a hearsay purpose under s 66(2) of the Evidence Act 1995 (NSW) and as relevant to her credibility, as requirements of relevance and freshness are satisfied, and the probative value is not outweighed by unfair prejudice.

Parties
Prosecution: The Crown; Accused: Lian Bin (Robert) Xie
Jurisdiction
Australia
Judgment Date
22 June 2016
Procedural Posture
Criminal / Pre Trial Evidentiary Ruling
Outcome
Evidence admissible
Legal Topics
Admissibility of Complaint Evidence, Hearsay Exception, Freshness of Memory, Sexual Offences, Credibility of Witness
Criminal Law Evidence Admissibility of Complaint Evidence Hearsay Exception Freshness of Memory Sexual Offences Credibility of Witness

Case Brief

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Parties

The Crown

Prosecution

Lian Bin (Robert) Xie

Accused

Procedural Posture

Criminal / Pre Trial Evidentiary Ruling

Legal Issues

  1. 1 Whether evidence of complaint by Ms Lin is admissible for a hearsay purpose under s 66(2) of the Evidence Act 1995 (NSW)
  2. 2 Whether the evidence satisfies the requirement of 'freshness' under s 66(2A) of the Evidence Act
  3. 3 Whether the probative value of the evidence is outweighed by the risk of unfair prejudice under s 137 of the Evidence Act

Ratio Decidendi

Evidence of complaint made by Ms Lin is admissible for both a hearsay purpose under s 66(2) of the Evidence Act 1995 (NSW) and as relevant to her credibility, as requirements of relevance and freshness are satisfied, and the probative value is not outweighed by unfair prejudice.

Court Disposition

Evidence admissible

Orders

  • The complaint evidence the Crown proposes to lead will be admitted.