Perry v Kinnear & Ors (No. 2) [2020] NSWDC 898

Perry v Kinnear & Ors (No. 2) [2020] NSWDC 898

The evidence of the three witnesses is admissible because it is relevant to facts in issue, not merely to credit, namely the circumstances of the complaint, knowledge of the second defendant, and living conditions in the relevant household. The evidence meets the requirements of the Evidence Act 1995 (NSW), including s 59, s 60(1), and, to the extent required, s 108(3)(b), and leave would be granted in the alternative under s 192.

Jurisdiction
Australia
Judgment Date
27 August 2020
Procedural Posture
Civil / Procedural Ruling on Admissibility of Evidence (voir Dire)
Outcome
Application to exclude evidence refused; evidence of Ms Alberta Turner, Ms Meg Scofield and Ms Anique Morris admitted.
Legal Topics
['admissibility of Evidence' 'hearsay' 'credibility' 'complaint Evidence' 'leave to Adduce Prior Consistent Statements']
['civil Procedure' 'evidence'] ['admissibility of Evidence' 'hearsay' 'credibility' 'complaint Evidence' 'leave to Adduce Prior Consistent Statements']

Case Brief

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Procedural Posture

Civil / Procedural Ruling on Admissibility of Evidence (voir Dire)

Legal Issues

  1. 1 ['Whether the evidence of Ms Alberta Turner, Ms Meg Scofield and Ms Anique Morris is admissible as complaint evidence in the context of allegations of sexual assault' 'Whether the evidence is inadmissible hearsay or falls within a statutory exception' 'Whether leave should be granted under s 192 and s 108(3) of the Evidence Act 1995 (NSW)']

Ratio Decidendi

The evidence of the three witnesses is admissible because it is relevant to facts in issue, not merely to credit, namely the circumstances of the complaint, knowledge of the second defendant, and living conditions in the relevant household. The evidence meets the requirements of the Evidence Act 1995 (NSW), including s 59, s 60(1), and, to the extent required, s 108(3)(b), and leave would be granted in the alternative under s 192.

Court Disposition

Application to exclude evidence refused; evidence of Ms Alberta Turner, Ms Meg Scofield and Ms Anique Morris admitted.

Orders

  • ['That the evidence of Ms Alberta Turner, Ms Meg Scofield and Ms Anique Morris be admitted.']