R v Tabbah; R v Tiriaki (No 2) [2014] NSWSC 565

R v Tabbah; R v Tiriaki (No 2) [2014] NSWSC 565

The evidence of what Corey Marks told Mrs Hedges is admissible under s 60 of the Evidence Act 1995 (NSW) for the non-hearsay purpose advanced by Mr Tiriaki, that is, to establish that Mathew Hedges communicated to his mother that he was unconcerned, which could support the defence's inference about his dealings, subject to the jury's determination.

Jurisdiction
Australia
Judgment Date
09 April 2014
Procedural Posture
Criminal / Ruling on Admissibility of Evidence
Outcome
Evidence admissible
Legal Topics
['hearsay Evidence' 'admissibility of Evidence']
['evidence' 'criminal Law'] ['hearsay Evidence' 'admissibility of Evidence']

Case Brief

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Procedural Posture

Criminal / Ruling on Admissibility of Evidence

Legal Issues

  1. 1 ["Whether hearsay evidence of a conversation reported by the victim's mother is admissible under the Evidence Act 1995 (NSW)"]

Ratio Decidendi

The evidence of what Corey Marks told Mrs Hedges is admissible under s 60 of the Evidence Act 1995 (NSW) for the non-hearsay purpose advanced by Mr Tiriaki, that is, to establish that Mathew Hedges communicated to his mother that he was unconcerned, which could support the defence's inference about his dealings, subject to the jury's determination.

Court Disposition

Evidence admissible

Orders

  • []