R v Green (No 2) [2021] NSWSC 854

R v Green (No 2) [2021] NSWSC 854

Both part A and part B of the representation in para 11 of Ms McNamara's statement are admissible, part A under s 66A and part B under s 65(2)(c), as the circumstances make it highly probable that the representation is reliable.

Parties
Prosecution: Regina (Crown); Accused: Jesse Leigh Green
Jurisdiction
Australia
Judgment Date
17 June 2021
Procedural Posture
Criminal / Procedural Ruling on Admissibility of Evidence
Outcome
Held representations admissible as exceptions to the hearsay rule; advance ruling granted.
Legal Topics
Hearsay, First Hand Hearsay Exception, Admissibility of Representations, Reliability Assessment, Contemporaneous Statements About State of Mind
Evidence Law Criminal Law Hearsay First Hand Hearsay Exception Admissibility of Representations Reliability Assessment Contemporaneous Statements About State of Mind

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Parties

Regina (Crown)

Prosecution

Jesse Leigh Green

Accused

Procedural Posture

Criminal / Procedural Ruling on Admissibility of Evidence

Legal Issues

  1. 1 Whether certain hearsay representations are admissible as exceptions to the hearsay rule under Evidence Act 1995 (NSW) ss 65, 66A
  2. 2 Whether it is highly probable that the representations are reliable under s 65(2)(c) Evidence Act 1995 (NSW)

Ratio Decidendi

Both part A and part B of the representation in para 11 of Ms McNamara's statement are admissible, part A under s 66A and part B under s 65(2)(c), as the circumstances make it highly probable that the representation is reliable.

Court Disposition

Held representations admissible as exceptions to the hearsay rule; advance ruling granted.

Orders

  • Under s 192A of Evidence Act 1995 (NSW), part A and part B of the representation in para 11 of Ms McNamara's statement dated 10 April 2018 are admissible.