R v Ta Southammavong and Vilasone Sihavong [2002] NSWSC 1277

R v Ta Southammavong and Vilasone Sihavong [2002] NSWSC 1277

Leave of the Court is required under s 48(2) of the Criminal Procedure Act for an accused to adduce evidence in support of an alibi where no notice was provided within the prescribed period, regardless of whether the accused alone or additional witnesses give evidence as to alibi.

Parties
Prosecution: Regina; Accused: Ta Southammavong; Accused: Vilasone Sihavong
Jurisdiction
Australia
Judgment Date
10 May 2002
Procedural Posture
Criminal Trial / Trial Application for Leave to Adduce Alibi Evidence
Outcome
Leave granted for the accused to adduce his own alibi evidence.
Legal Topics
Notice of Alibi, Adduction of Alibi Evidence, Interpretation of Criminal Procedure Act S 48
Criminal Law Notice of Alibi Adduction of Alibi Evidence Interpretation of Criminal Procedure Act S 48

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Parties

Regina

Prosecution

Ta Southammavong

Accused

Vilasone Sihavong

Accused

Procedural Posture

Criminal Trial / Trial Application for Leave to Adduce Alibi Evidence

Legal Issues

  1. 1 Whether leave of the Court is required to adduce alibi evidence where no notice has been given within the prescribed period and the only alibi witness is the accused himself
  2. 2 Interpretation of 'adduce evidence in support of an alibi' under s 48(2) of the Criminal Procedure Act

Ratio Decidendi

Leave of the Court is required under s 48(2) of the Criminal Procedure Act for an accused to adduce evidence in support of an alibi where no notice was provided within the prescribed period, regardless of whether the accused alone or additional witnesses give evidence as to alibi.

Court Disposition

Leave granted for the accused to adduce his own alibi evidence.

Orders

  • Leave granted to the accused Sihavong to adduce evidence in support of an alibi.
  • The Crown is permitted a short period of time to investigate the foreshadowed evidence.