R v A (No 3) [2015] NSWSC 79

R v A (No 3) [2015] NSWSC 79

The probative value of the evidence was substantially outweighed by the danger of unfair prejudice to the accused due to the late notice and loss of opportunity to cross-examine a witness on matters going to her credit; evidence excluded under s.137 of the Evidence Act 1995.

Jurisdiction
Australia
Judgment Date
17 February 2015
Procedural Posture
Criminal / Evidentiary Ruling During Trial
Outcome
Evidence excluded
Legal Topics
['evidence' 'admissibility' 'prejudice' 'cross Examination' 'subpoena' 'late Notice']
['criminal Law'] ['evidence' 'admissibility' 'prejudice' 'cross Examination' 'subpoena' 'late Notice']

Case Brief

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Procedural Posture

Criminal / Evidentiary Ruling During Trial

Legal Issues

  1. 1 ['Whether the statement of a witness unavailable due to unsuccessful subpoena service can be admitted under s.65(2)(b) of the Evidence Act 1995' 'Whether evidence should be excluded under s.135 or s.137 of the Evidence Act due to late notice and lack of opportunity to cross-examine']

Ratio Decidendi

The probative value of the evidence was substantially outweighed by the danger of unfair prejudice to the accused due to the late notice and loss of opportunity to cross-examine a witness on matters going to her credit; evidence excluded under s.137 of the Evidence Act 1995.

Court Disposition

Evidence excluded

Orders

  • ["Paragraphs [59]-[67] of JT's statement not admitted in evidence pursuant to s.137 of the Evidence Act 1995"]