R v MY; R v SP [2012] NSWLC 12

R v MY; R v SP [2012] NSWLC 12

The hearsay rules were waived because, for the purposes of the forensic procedure application, the matters in paragraphs 8 and 9 of the affidavit were not genuinely in dispute: the application required assessment of whether the information available to the applicant police officer provided reasonable grounds, not a pre-trial determination of the truth of the witnesses' accounts. In any event, exclusion of the evidence would cause or involve unnecessary expense or delay.

Jurisdiction
Australia
Judgment Date
21 November 2012
Procedural Posture
Criminal Forensic Procedure Application / Procedural Ruling on Admissibility of Affidavit Evidence and Waiver of Hearsay Rules
Outcome
Hearsay provisions of the Evidence Act 1995 waived pursuant to s 190(3), and the affidavit admitted into evidence.
Legal Topics
['forensic Procedure Application' 'admissibility of Affidavit Evidence' 'hearsay' 'waiver of Rules of Evidence' 'photo Identification' 'reasonable Grounds to Believe Suspect Committed Offence']
['criminal Law' 'evidence' 'criminal Procedure'] ['forensic Procedure Application' 'admissibility of Affidavit Evidence' 'hearsay' 'waiver of Rules of Evidence' 'photo Identification' 'reasonable Grounds to Believe Suspect Committed Offence']

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Procedural Posture

Criminal Forensic Procedure Application / Procedural Ruling on Admissibility of Affidavit Evidence and Waiver of Hearsay Rules

Legal Issues

  1. 1 ["Whether hearsay material in paragraphs 8 and 9 of Senior Constable Jeffcoat's affidavit should be admitted in a forensic procedure application." 'Whether the hearsay provisions of the Evidence Act 1995 should be waived under s 190(3).' 'Whether the matters to which the affidavit evidence related were genuinely in dispute for the purposes of the forensic procedure application.' 'Whether exclusion of the evidence would cause or involve unnecessary expense or delay.']

Ratio Decidendi

The hearsay rules were waived because, for the purposes of the forensic procedure application, the matters in paragraphs 8 and 9 of the affidavit were not genuinely in dispute: the application required assessment of whether the information available to the applicant police officer provided reasonable grounds, not a pre-trial determination of the truth of the witnesses' accounts. In any event, exclusion of the evidence would cause or involve unnecessary expense or delay.

Court Disposition

Hearsay provisions of the Evidence Act 1995 waived pursuant to s 190(3), and the affidavit admitted into evidence.

Orders

  • ['The hearsay rules are waived for the purposes of the affidavit.' 'The affidavit will be exhibit one on the application.']