R v McCloskey; R v Hamalainen [2019] NSWSC 1175

R v McCloskey; R v Hamalainen [2019] NSWSC 1175

Out of court representations made by one accused are admissible against the other when reasonably open to find that they were made in furtherance of a common purpose, under section 87(1)(c) of the Evidence Act 1995 (NSW), and are thus exceptions to the hearsay rule under s 81. Narrative statements not made in furtherance of the joint enterprise or for a non-hearsay purpose are inadmissible against co-accused. The specific paragraphs are ruled admissible or inadmissible accordingly.

Jurisdiction
Australia
Judgment Date
06 September 2019
Procedural Posture
Criminal / Pre Trial Evidentiary Ruling
Outcome
Evidentiary objections partially allowed and partially dismissed; rulings as per detailed orders on admissibility of specific paragraphs.
Legal Topics
['hearsay Rule' 'admissibility of Admissions' 'previous Out of Court Representations' 'joint Criminal Enterprise' 'exceptions to Hearsay' 'motive Evidence']
['criminal Law' 'evidence'] ['hearsay Rule' 'admissibility of Admissions' 'previous Out of Court Representations' 'joint Criminal Enterprise' 'exceptions to Hearsay' 'motive Evidence']

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Procedural Posture

Criminal / Pre Trial Evidentiary Ruling

Legal Issues

  1. 1 ['Whether out of court representations concerning a joint criminal enterprise are admissible against the accused under the Evidence Act 1995 (NSW)' 'Whether exceptions to the hearsay rule apply to representations as admissions or for non-hearsay purposes' 'Application of s 55, s 59, s 60, s 81, and s 87(1)(c) of the Evidence Act 1995 (NSW)']

Ratio Decidendi

Out of court representations made by one accused are admissible against the other when reasonably open to find that they were made in furtherance of a common purpose, under section 87(1)(c) of the Evidence Act 1995 (NSW), and are thus exceptions to the hearsay rule under s 81. Narrative statements not made in furtherance of the joint enterprise or for a non-hearsay purpose are inadmissible against co-accused. The specific paragraphs are ruled admissible or inadmissible accordingly.

Court Disposition

Evidentiary objections partially allowed and partially dismissed; rulings as per detailed orders on admissibility of specific paragraphs.

Orders

  • ['Paragraphs 39, 40 and 43 of the statement of witness RS 1678789 of 24 August 2017 are admissible against RM and SH.' 'Paragraph 72 of the statement of witness RS 1678789 of 24 August 2017 is admissible against RM.' 'Paragraph 94 of the statement of witness RS 1678789 of 24 August 2017 is admissible against RM and...