R v Turnbull (No. 21) [2016] NSWSC 800

R v Turnbull (No. 21) [2016] NSWSC 800

Evidence of the conversation on 21 August 2012 is admissible as it relates to issues before the court and provides an account of the actual conversation, but evidence of the conversations on 22 and 24 August 2012 is inadmissible due to hearsay concerns and lack of relevance.

Jurisdiction
Australia
Judgment Date
18 May 2016
Procedural Posture
Criminal Trial / Evidentiary Ruling Within Ongoing Trial
Outcome
Evidence of conversation on 21 August 2012 allowed; evidence of conversations on 22 and 24 August 2012 disallowed.
Legal Topics
['admissibility of Evidence' 'hearsay' 'substantial Impairment' 'extreme Provocation']
['criminal Law'] ['admissibility of Evidence' 'hearsay' 'substantial Impairment' 'extreme Provocation']

Case Brief

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Procedural Posture

Criminal Trial / Evidentiary Ruling Within Ongoing Trial

Legal Issues

  1. 1 ['Whether certain conversations involving Gary Adam Spencer are admissible as evidence in relation to issues of substantial impairment and extreme provocation in a murder trial']

Ratio Decidendi

Evidence of the conversation on 21 August 2012 is admissible as it relates to issues before the court and provides an account of the actual conversation, but evidence of the conversations on 22 and 24 August 2012 is inadmissible due to hearsay concerns and lack of relevance.

Court Disposition

Evidence of conversation on 21 August 2012 allowed; evidence of conversations on 22 and 24 August 2012 disallowed.

Orders

  • ['Allow evidence of conversation of 21 August 2012 as contained in MFI64.' 'Decline to allow evidence of conversations of 22 and 24 August 2012 as contained in MFI64.']