R v Krivosic [2021] NSWSC 444

R v Krivosic [2021] NSWSC 444

Applying common sense, the statement is highly probable to be reliable and made in circumstances that make fabrication unlikely; thus, the statement is admissible under s 65(2) of the Evidence Act 1995 (NSW).

Jurisdiction
Australia
Judgment Date
03 May 2021
Procedural Posture
Criminal / Ruling on Admissibility of Evidence
Outcome
Portions of Adam Robertson’s statement the Crown wishes to tender are admissible.
Legal Topics
['hearsay Exception' 'advance Ruling' 'admissibility of Previous Representation']
['evidence' 'criminal Law'] ['hearsay Exception' 'advance Ruling' 'admissibility of Previous Representation']

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Procedural Posture

Criminal / Ruling on Admissibility of Evidence

Legal Issues

  1. 1 ['Whether the hearsay evidence in the statement of Adam Robertson is admissible under s 65(2) of the Evidence Act 1995 (NSW) as a previous representation by an unavailable witness.' 'Whether the circumstances make it highly probable that the previous representation is reliable and not fabricated.']

Ratio Decidendi

Applying common sense, the statement is highly probable to be reliable and made in circumstances that make fabrication unlikely; thus, the statement is admissible under s 65(2) of the Evidence Act 1995 (NSW).

Court Disposition

Portions of Adam Robertson’s statement the Crown wishes to tender are admissible.

Orders

  • ['Portions of Adam Robertson’s statement are admissible as evidence.']