R v Al Batat & Ors (No 9) [2020] NSWSC 1101

R v Al Batat & Ors (No 9) [2020] NSWSC 1101

Representations made by a co-accused are admissible against another accused under s 87(1)(c) of the Evidence Act 1995 (NSW) and the co-conspirators rule where made in furtherance of a common purpose alleged by the prosecution, but not where made in furtherance of a distinct or extraneous purpose or as narrative of past events.

Jurisdiction
Australia
Judgment Date
21 August 2020
Procedural Posture
Criminal / Pre Trial Evidentiary Ruling
Outcome
Evidentiary rulings made determining admissibility of statements under objection.
Legal Topics
['hearsay' 'admissions' 'co Conspirators Rule' 'common Purpose' 'authority to Make Admissions']
['criminal Law' 'evidence'] ['hearsay' 'admissions' 'co Conspirators Rule' 'common Purpose' 'authority to Make Admissions']

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Procedural Posture

Criminal / Pre Trial Evidentiary Ruling

Legal Issues

  1. 1 ['Whether representations made by a co-accused are admissible against another accused under the co-conspirators rule and s 87 of the Evidence Act 1995 (NSW)' 'The scope of a common purpose and whether it extends to a common purpose to avoid detection' 'Whether certain statements are hearsay or admissions made with authority']

Ratio Decidendi

Representations made by a co-accused are admissible against another accused under s 87(1)(c) of the Evidence Act 1995 (NSW) and the co-conspirators rule where made in furtherance of a common purpose alleged by the prosecution, but not where made in furtherance of a distinct or extraneous purpose or as narrative of past events.

Court Disposition

Evidentiary rulings made determining admissibility of statements under objection.

Orders

  • ["Conversation in Mr Rivers' statement of 8 February 2018 at [107]-[108] admissible against Mr Fan." "Conversation in Mr Rivers' statement of 8 February 2018 at [128] admissible against Mr Fan." "Conversation in Mr Rivers' statement of 8 February 2018 at [131] admissible against Mr Fan." "Conversation in Mr Rivers'...