R v Bushell; R v Tozer (No 8) [2023] NSWSC 1444

R v Bushell; R v Tozer (No 8) [2023] NSWSC 1444

The recording and/or transcript was not admitted because there was no change in circumstances, and the prior pre-trial ruling excluding the evidence remained binding under s 130A of the Criminal Procedure Act 1986 (NSW). Neither the Court nor the jury could hear the recording, so its contents could not properly be put before them and the judgment of Johnson J should not be varied.

Jurisdiction
Australia
Judgment Date
24 July 2023
Procedural Posture
Criminal / Procedural Ruling on Admissibility of Evidence
Outcome
Application dismissed; evidence not admitted.
Legal Topics
['audio Evidence' 'admissibility' 'pre Trial Orders' 'finality of Interlocutory Orders']
['criminal Law' 'evidence'] ['audio Evidence' 'admissibility' 'pre Trial Orders' 'finality of Interlocutory Orders']

Case Brief

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Procedural Posture

Criminal / Procedural Ruling on Admissibility of Evidence

Legal Issues

  1. 1 ['Whether the recording and/or transcript of alleged statements by the accused on 26 and 27 July 2018 is admissible in evidence.' 'Whether the trial judge is bound by the pre-trial order under s 130A of the Criminal Procedure Act 1986 (NSW).']

Ratio Decidendi

The recording and/or transcript was not admitted because there was no change in circumstances, and the prior pre-trial ruling excluding the evidence remained binding under s 130A of the Criminal Procedure Act 1986 (NSW). Neither the Court nor the jury could hear the recording, so its contents could not properly be put before them and the judgment of Johnson J should not be varied.

Court Disposition

Application dismissed; evidence not admitted.

Orders

  • ['The recording and/or transcript of what was allegedly said by each accused on 26 July 2018 and 27 July 2018 is not admitted.']