R v Warwick (No.91) [2020] NSWSC 75

R v Warwick (No.91) [2020] NSWSC 75

Section 69(3)(b) of the Evidence Act 1995 applies to exclude the running sheets from the business records exception, as they were made in connection with an investigation relating or leading to a criminal proceeding; thus, the documents are inadmissible as evidence of the truth of their contents, and the tender is rejected.

Jurisdiction
Australia
Judgment Date
10 February 2020
Procedural Posture
Criminal / Evidentiary Ruling During Trial
Outcome
Tender of running sheets rejected
Legal Topics
['admissibility of Evidence' 'hearsay Rule' 'business Records Exception' 'police Investigations']
['criminal Law' 'evidence'] ['admissibility of Evidence' 'hearsay Rule' 'business Records Exception' 'police Investigations']

Case Brief

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Procedural Posture

Criminal / Evidentiary Ruling During Trial

Legal Issues

  1. 1 ['Whether running sheets compiled by police are admissible as business records under s 69(2)(b) of the Evidence Act 1995' 'Whether s 69(3)(b) of the Evidence Act 1995 excludes the running sheets from the business records exception because they were made in connection with an investigation relating or leading to a criminal proceeding']

Ratio Decidendi

Section 69(3)(b) of the Evidence Act 1995 applies to exclude the running sheets from the business records exception, as they were made in connection with an investigation relating or leading to a criminal proceeding; thus, the documents are inadmissible as evidence of the truth of their contents, and the tender is rejected.

Court Disposition

Tender of running sheets rejected

Orders

  • ['Tender of running sheets 170/238 to 170/240 is rejected']