R v Nehme (No 4) [2024] NSWSC 516

R v Nehme (No 4) [2024] NSWSC 516

Paragraph 30 of Ms Bradley's statement was relevant because it could rationally affect the jury's assessment of whether the deceased had a knife in his bedroom and retrieved it before his death, which was relevant to whether the accused and/or co-accused were armed and to joint criminal enterprise murder. The individual representations in paragraph 30 were admissible either as evidence of Ms Bradley's statements heard by the police officer under s 65(8), or for limited non-hearsay purposes, but not to prove that the deceased was in fact dealing drugs where that was beyond the permitted use. The deceased's 2014 convictions were relevant and admissible, but the related Statement of Facts...

Jurisdiction
Australia
Judgment Date
06 May 2024
Procedural Posture
Criminal Trial / Procedural Ruling on Admissibility of Evidence
Outcome
Application allowed in part; paragraph 30 of Robyn Bradley's statement, other than the last two sentences, was admitted, and certain details of the 2014 offences could be led but not the Statement of Facts.
Legal Topics
['previous Representations' 'hearsay' 'non Hearsay Purpose' 'unavailable Witness' 'relevance' 'drug Supply Evidence']
['crime' 'evidence'] ['previous Representations' 'hearsay' 'non Hearsay Purpose' 'unavailable Witness' 'relevance' 'drug Supply Evidence']

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Procedural Posture

Criminal Trial / Procedural Ruling on Admissibility of Evidence

Legal Issues

  1. 1 ["Whether paragraph 30 of Robyn Bradley's police statement was relevant to facts in issue in the trial." 'Whether the previous representations in paragraph 30 were admissible for a non-hearsay purpose under Evidence Act 1995 (NSW), s 60 or as an exception to hearsay under s 65(8).' "Whether evidence of the deceased's 2014 convictions for drug supply and dealing with proceeds of crime, and the related Statement of Facts, was admissible."]

Ratio Decidendi

Paragraph 30 of Ms Bradley's statement was relevant because it could rationally affect the jury's assessment of whether the deceased had a knife in his bedroom and retrieved it before his death, which was relevant to whether the accused and/or co-accused were armed and to joint criminal enterprise murder. The individual representations in paragraph 30 were admissible either as evidence of Ms Bradley's statements heard by the police officer under s 65(8), or for limited non-hearsay purposes, but not to prove that the deceased was in fact dealing drugs where that was beyond the permitted use. The deceased's 2014 convictions were relevant and admissible, but the related Statement of Facts...

Court Disposition

Application allowed in part; paragraph 30 of Robyn Bradley's statement, other than the last two sentences, was admitted, and certain details of the 2014 offences could be led but not the Statement of Facts.

Orders

  • ['Paragraph 30 of the statement of Robyn Bradley, dated 7 December 2019 (other than the last two sentences) is admissible.']