R v Natasha YOUKHANA [2011] NSWDC 204

R v Natasha YOUKHANA [2011] NSWDC 204

Mr Torelli's statement was made shortly after the events, in circumstances that made fabrication unlikely and reliability likely, and it was against Torelli's interest. The Court found no substantial danger of unfair prejudice outweighing the significant probative value. Therefore, the statement was admitted.

Parties
Prosecutor: Regina; Offender: Natasha Youkhana
Jurisdiction
Australia
Judgment Date
25 October 2011
Procedural Posture
Criminal / Interlocutory Application
Outcome
statement admitted as evidence
Legal Topics
Evidence Admissibility, Proceeds of Crime, Hearsay Exception
Criminal Law Evidence Admissibility Proceeds of Crime Hearsay Exception

Case Brief

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Parties

Regina

Prosecutor

Natasha Youkhana

Offender

Procedural Posture

Criminal / Interlocutory Application

Legal Issues

  1. 1 Whether Mr Torelli's statement is admissible as evidence under the hearsay exception in s 65 Evidence Act 1995 (NSW)
  2. 2 Whether s 137 Evidence Act requires exclusion of the statement for unfair prejudice

Ratio Decidendi

Mr Torelli's statement was made shortly after the events, in circumstances that made fabrication unlikely and reliability likely, and it was against Torelli's interest. The Court found no substantial danger of unfair prejudice outweighing the significant probative value. Therefore, the statement was admitted.

Court Disposition

statement admitted as evidence

Orders

  • Mr Torelli’s statement (Voir Dire Exhibit D) is admitted as evidence in the proceedings