Regina v Jang [1999] NSWSC 1040
Representations made by the deceased to her adult children and a neighbour were admissible under s 65(2)(b) and (c) of the Evidence Act 1995 due to the immediate or highly reliable circumstances in which they were made, while representations made to hospital staff and in a note were inadmissible due to insufficient particularity and lack of highly reliable circumstances.
- Jurisdiction
- Australia
- Judgment Date
- 21 October 1999
- Procedural Posture
- Criminal / Sentencing Ruling on Admissibility of Evidence
- Outcome
- Rulings on admissibility of evidence: some evidence admitted, some rejected
- Legal Topics
- ['admissibility of Evidence' 'hearsay' 'sentencing' 'evidence of Previous Representations']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Criminal / Sentencing Ruling on Admissibility of Evidence
Legal Issues
- 1 ['Whether representations made by the deceased to others are admissible as evidence at the sentence hearing under s 65(2)(b) and (c) of the Evidence Act 1995']
Ratio Decidendi
Representations made by the deceased to her adult children and a neighbour were admissible under s 65(2)(b) and (c) of the Evidence Act 1995 due to the immediate or highly reliable circumstances in which they were made, while representations made to hospital staff and in a note were inadmissible due to insufficient particularity and lack of highly reliable circumstances.
Court Disposition
Rulings on admissibility of evidence: some evidence admitted, some rejected
Orders
- ['Evidence of representations by deceased to her adult children and neighbour admitted' 'Evidence of representations by deceased to hospital staff and in note rejected']
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