DODD v DPP & or [2003] NSWSC 942

DODD v DPP & or [2003] NSWSC 942

The magistrate's admission of the ERISP was a proper exercise of discretion under the Evidence Act 1995 s65, applying relevant legal principles, and there is no basis for this court to intervene in or overturn the evidentiary ruling at the committal stage. Leave to appeal is granted but the appeal is dismissed.

Jurisdiction
Australia
Judgment Date
21 October 2003
Procedural Posture
Appeal (summons) From Committal Evidentiary Ruling / Judgment on Leave to Appeal and Merits
Outcome
Leave to appeal granted; appeal dismissed; plaintiff to pay defendant's costs.
Legal Topics
['committal Proceedings' 'evidentiary Rulings' 'admission of Hearsay' 'discretion of Magistrate' 'appeals Under Justices Act']
['criminal Law' 'evidence'] ['committal Proceedings' 'evidentiary Rulings' 'admission of Hearsay' 'discretion of Magistrate' 'appeals Under Justices Act']

Case Brief

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Procedural Posture

Appeal (summons) From Committal Evidentiary Ruling / Judgment on Leave to Appeal and Merits

Legal Issues

  1. 1 ['Whether the magistrate erred in admitting the ERISP tape and transcript under s65 Evidence Act 1995' "Whether the ruling on admissibility was an 'order' to which s104(3) Justices Act applies" 'Whether the court should interfere with the magistrate’s evidentiary ruling in committal proceedings']

Ratio Decidendi

The magistrate's admission of the ERISP was a proper exercise of discretion under the Evidence Act 1995 s65, applying relevant legal principles, and there is no basis for this court to intervene in or overturn the evidentiary ruling at the committal stage. Leave to appeal is granted but the appeal is dismissed.

Court Disposition

Leave to appeal granted; appeal dismissed; plaintiff to pay defendant's costs.

Orders

  • ['Leave to appeal be granted' 'Appeal dismissed' "Plaintiff to pay defendant's costs of the proceedings"]