R v KJ & R v Jayden HUNTER [2009] NSWDC 237

R v KJ & R v Jayden HUNTER [2009] NSWDC 237

The Crown is not entitled to tender and play to the jury the ERISP containing alleged admissions by the accused as recounted by the witness, as this constitutes inadmissible second-hand hearsay per Lee v The Queen and is not affected by distinctions in Suteski and Tan regarding ERISP format.

Jurisdiction
Australia
Judgment Date
10 September 2009
Procedural Posture
Criminal / Voir Dire Judgment on Admissibility of Evidence
Outcome
Crown application refused
Legal Topics
['unfavourable Witness' 'prior Inconsistent Statement' 'second Hand Hearsay' 'admissibility of Erisp' 'admissions']
['criminal Law' 'evidence'] ['unfavourable Witness' 'prior Inconsistent Statement' 'second Hand Hearsay' 'admissibility of Erisp' 'admissions']

Case Brief

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Procedural Posture

Criminal / Voir Dire Judgment on Admissibility of Evidence

Legal Issues

  1. 1 ['Whether the Crown may tender and play to the jury the part of the Electronically Recorded Interview (ERISP) where a witness says the accused made admissions to him.' 'Distinction between video-recorded and written statements of witness regarding hearsay.']

Ratio Decidendi

The Crown is not entitled to tender and play to the jury the ERISP containing alleged admissions by the accused as recounted by the witness, as this constitutes inadmissible second-hand hearsay per Lee v The Queen and is not affected by distinctions in Suteski and Tan regarding ERISP format.

Court Disposition

Crown application refused

Orders

  • ['The Crown application to play part of the Electronically Recorded Interview with the unfavourable witness is refused.']