R v Xie (No 4) [2015] NSWSC 2117

R v Xie (No 4) [2015] NSWSC 2117

The evidence sought to be adduced from Brenda Lin was relevant under s 55 of the Evidence Act as it could rationally affect the jury's assessment of whether the accused's account to police was an admission against interest. The question was not led to prove a tendency or coincidence, so ss 97 and 98 were not applicable. Leave should therefore be granted.

Jurisdiction
Australia
Judgment Date
19 March 2015
Procedural Posture
Criminal / Application for Leave in Trial (ruling on Evidence)
Outcome
Application for leave is granted
Legal Topics
['application for Leave' 'admissibility of Evidence' 'relevance Under S 55 Evidence Act' 'tendency Rule S 97 Evidence Act' 'coincidence Rule S 98 Evidence Act']
['criminal Law' 'evidence'] ['application for Leave' 'admissibility of Evidence' 'relevance Under S 55 Evidence Act' 'tendency Rule S 97 Evidence Act' 'coincidence Rule S 98 Evidence Act']

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Procedural Posture

Criminal / Application for Leave in Trial (ruling on Evidence)

Legal Issues

  1. 1 ['Whether the proposed question to Brenda Lin is relevant under s 55 of the Evidence Act 1995 (NSW)' 'Whether the tendency rule in s 97 or the coincidence rule in s 98 of the Evidence Act applies to the evidence sought to be adduced' 'Whether leave should be granted to the Crown to ask the proposed question']

Ratio Decidendi

The evidence sought to be adduced from Brenda Lin was relevant under s 55 of the Evidence Act as it could rationally affect the jury's assessment of whether the accused's account to police was an admission against interest. The question was not led to prove a tendency or coincidence, so ss 97 and 98 were not applicable. Leave should therefore be granted.

Court Disposition

Application for leave is granted

Orders

  • ['Leave is granted to the Crown to ask the proposed question to Brenda Lin']