Inspector Stephen Campbell v James Gordon Hitchcock [2003] NSWIRComm 148

Inspector Stephen Campbell v James Gordon Hitchcock [2003] NSWIRComm 148

The court holds that the Safe-T-Cam records, exhibits L, M and P, are authentic for the purposes of s48 Evidence Act 1995 as authenticated by a responsible officer familiar with their creation and use, despite not personally maintaining the computer system. The hearsay rule does not exclude the records, as they do not contain previous representations by a person regarding facts in issue, and thus the business records exception does not arise. The facilitative presumptions in ss146 and 147 do not apply due to production in connection with a criminal investigation. On discretionary grounds, entries in exhibit L prior to Mr Haynes' employment (except those correlated to exhibit M) are...

Jurisdiction
Australia
Judgment Date
03 June 2003
Procedural Posture
Criminal Prosecution / Interlocutory Judgment (voir Dire on Admissibility of Evidence)
Outcome
Interlocutory decision: Objection partially upheld. Certain exhibits excluded, balance provisionally admitted.
Legal Topics
['admissibility of Evidence' 'authentication of Documents' 'hearsay Exceptions' 'business Records' 'computer Records' 'relevance' 'judicial Discretion to Exclude Evidence']
['occupational Health and Safety' 'evidence Law'] ['admissibility of Evidence' 'authentication of Documents' 'hearsay Exceptions' 'business Records' 'computer Records' 'relevance' 'judicial Discretion to Exclude Evidence']

Case Brief

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Procedural Posture

Criminal Prosecution / Interlocutory Judgment (voir Dire on Admissibility of Evidence)

Legal Issues

  1. 1 ['Whether computer-generated documents (Safe-T-Cam records) are authentic and admissible as evidence under the Evidence Act 1995' 'Whether such documents are excluded as hearsay or not covered by the business records exception' 'Whether the probative value of such evidence is outweighed by potential prejudice under ss135-137 of the Evidence Act' 'Whether parts of the evidence are irrelevant based on the particulars of the charges']

Ratio Decidendi

The court holds that the Safe-T-Cam records, exhibits L, M and P, are authentic for the purposes of s48 Evidence Act 1995 as authenticated by a responsible officer familiar with their creation and use, despite not personally maintaining the computer system. The hearsay rule does not exclude the records, as they do not contain previous representations by a person regarding facts in issue, and thus the business records exception does not arise. The facilitative presumptions in ss146 and 147 do not apply due to production in connection with a criminal investigation. On discretionary grounds, entries in exhibit L prior to Mr Haynes' employment (except those correlated to exhibit M) are...

Court Disposition

Interlocutory decision: Objection partially upheld. Certain exhibits excluded, balance provisionally admitted.

Orders

  • ['Exhibits J, K, L, M, N, O and P admitted on the voir dire for issues of admissibility/relevance.' 'Entries in exhibit L for 2 April and 10 July to 1 September 1999, plus exhibits M and P provisionally admitted as trial evidence, subject to further hearing on relevance and discretion.' 'Entries in exhibit L prior...