Ku-ring-gai Council v John David Chia (No 12) [2018] NSWLEC 184

Ku-ring-gai Council v John David Chia (No 12) [2018] NSWLEC 184

The records of interview are admissible pursuant to s 60 of the Evidence Act 1995 (NSW) for the limited purpose of providing context and correcting the record in relation to matters raised in cross-examination but not as evidence of the truth of the asserted facts; leave under s 108 is not required because the purpose is non-hearsay and the interaction with s 101A renders the exceptions to the credibility rule inapplicable in this context.

Jurisdiction
Australia
Judgment Date
14 November 2018
Procedural Posture
Criminal / Evidentiary Ruling During Trial
Outcome
Records of interview admitted into evidence for a limited non-hearsay purpose only.
Legal Topics
['credibility Evidence' 'hearsay' 'admissibility of Prior Consistent Statements' 'discretion to Exclude Evidence']
['evidence' 'criminal Law' 'practice and Procedure'] ['credibility Evidence' 'hearsay' 'admissibility of Prior Consistent Statements' 'discretion to Exclude Evidence']

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Procedural Posture

Criminal / Evidentiary Ruling During Trial

Legal Issues

  1. 1 ['Whether records of interview of prosecution witnesses are admissible as credibility evidence in re-examination' 'Whether leave is required for such evidence' 'Whether evidence should be admitted pursuant to hearsay exceptions or as credibility evidence']

Ratio Decidendi

The records of interview are admissible pursuant to s 60 of the Evidence Act 1995 (NSW) for the limited purpose of providing context and correcting the record in relation to matters raised in cross-examination but not as evidence of the truth of the asserted facts; leave under s 108 is not required because the purpose is non-hearsay and the interaction with s 101A renders the exceptions to the credibility rule inapplicable in this context.

Court Disposition

Records of interview admitted into evidence for a limited non-hearsay purpose only.

Orders

  • ['Records of interview admitted into evidence solely to provide context to cross-examination and to correct possible misquotations or omissions, not as proof of facts asserted within the interviews.']