17 Mar 2022
On these facts there was reasonable evidence that the applicant was probably involved in the conspiracy such that s 22A(b) was satisfied and the co-conspirator hearsay was admissible; an additional reliability filter under s 18 was unnecessary and the exclusion ground under s 8 lacked merit, therefore the leave application has no real prospect of success.
16 Feb 2021
On the facts the complainant was unavailable because her whereabouts were unknown despite reasonable and diligent efforts (including prior arrest on earlier trial date and searches on the day), the written statement was made in circumstances affording reasonable assurance of reliability and its probative value was not outweighed by unfair prejudice, and s22 notice requirements could properly be dispensed with; therefore admission of the statement was correct and the appeal is dismissed.
8 Oct 2019
The High Court held the District Court judge correctly found the complainant unavailable after reasonable diligence; correctly concluded the formal written statement met the reliability threshold given its circumstances and consistency with other evidence; and correctly held the probative value outweighed the prejudicial effect. Admission of the hearsay did not produce a miscarriage of justice, so the appeal is dismissed.