R v PITT, Michael Alfred John [2017] NSWDC 24

R v PITT, Michael Alfred John [2017] NSWDC 24

Reasonable notice was given in the circumstances, and while there is some unfair prejudice due to the lack of cross-examination, this does not outweigh the probative value of the statement, particularly given other available evidence such as CCTV. The statement will be admitted after redaction to exclude prejudicial skin colour description.

Jurisdiction
Australia
Judgment Date
27 January 2017
Procedural Posture
Criminal / Interlocutory Ruling on Admissibility of Evidence During Trial
Outcome
Statement of unavailable witness to be admitted in redacted form
Legal Topics
['admissibility of Witness Statement' 'unavailable Witness' 'unfair Prejudice' 'cross Examination' 'reasonable Notice']
['criminal Law' 'evidence'] ['admissibility of Witness Statement' 'unavailable Witness' 'unfair Prejudice' 'cross Examination' 'reasonable Notice']

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Procedural Posture

Criminal / Interlocutory Ruling on Admissibility of Evidence During Trial

Legal Issues

  1. 1 ['Whether reasonable notice was given to the defence regarding the unavailability of a witness (Mr Dong)' "Whether the probative value of Mr Dong's statement outweighs the unfair prejudice to the accused due to inability to cross-examine"]

Ratio Decidendi

Reasonable notice was given in the circumstances, and while there is some unfair prejudice due to the lack of cross-examination, this does not outweigh the probative value of the statement, particularly given other available evidence such as CCTV. The statement will be admitted after redaction to exclude prejudicial skin colour description.

Court Disposition

Statement of unavailable witness to be admitted in redacted form

Orders

  • ["Mr Dong's written statement to be marked for identification and read to the jury with prejudicial description redacted" 'Statement not to be provided to the jury as an exhibit for deliberations']