Regina v Jang [1999] NSWSC 1040

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

  1. 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']