R v Dawson [2022] NSWSC 814

R v Dawson [2022] NSWSC 814

The circumstances in which Lynette Dawson made the representation to Coral Clarke make it highly probable the representation is reliable. The reception of the evidence does not create unfair prejudice to Mr Dawson in a judge alone trial, and is thus admissible.

Parties
Prosecution: Regina (Crown); Accused: Christopher Michael Dawson
Jurisdiction
Australia
Judgment Date
21 June 2022
Procedural Posture
Criminal / Procedural Ruling on Admissibility of Evidence
Outcome
statement admitted
Legal Topics
Admissibility of Hearsay Evidence, Murder Trial, Unavailable Witness, Probative Value Vs Unfair Prejudice
Criminal Law Admissibility of Hearsay Evidence Murder Trial Unavailable Witness Probative Value Vs Unfair Prejudice

Case Brief

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Parties

Regina (Crown)

Prosecution

Christopher Michael Dawson

Accused

Procedural Posture

Criminal / Procedural Ruling on Admissibility of Evidence

Legal Issues

  1. 1 Whether statement of unavailable witness Coral Clarke should be admitted pursuant to Evidence Act 1995 (NSW), s 65(2)(c)
  2. 2 Whether probative value of evidence is outweighed by danger of unfair prejudice under s 137

Ratio Decidendi

The circumstances in which Lynette Dawson made the representation to Coral Clarke make it highly probable the representation is reliable. The reception of the evidence does not create unfair prejudice to Mr Dawson in a judge alone trial, and is thus admissible.

Court Disposition

statement admitted

Orders

  • Statement of Coral Clarke admitted as evidence.