Category Archives: !! Part 3.04

Wright v Optus Administration & Anor (No 5) [2013] NSWSC 1717 (12 November 2013)

http://www.austlii.edu.au/au/cases/nsw/NSWSC/2013/1717.html

EVIDENCE – admissibility – Part 3.4 Evidence Act 1995 (NSW) – s87 – whether statement of witness contains admissions – whether statement contains representations to which it is reasonably necessary to refer in order to understand admissions – whether witnesses representations related to a matter within the scope of her employment

Doolan v R [2013] NSWCCA 145 (3 July 2013)

http://www.austlii.edu.au/au/cases/nsw/NSWCCA/2013/145.html

CRIMINAL LAW – appeal – conviction for offence of supplying prohibited drug – evidence – admission of inconsistent statements by appellant about stolen motor vehicle – relevance – where individuals named in relation to stolen motor vehicle also named in relation to occupation of room where prohibited drug found

CRIMINAL LAW – appeal – conviction for offence of supplying prohibited drug – evidence – admission – warning to jury – s 137 Evidence Act 1995 – whether unfair prejudice to appellant of impugned evidence outweighed probative value of impugned evidence

R v Meyboom [2012] ACTCA 2 (31 January 2012)

http://www.austlii.edu.au/au/cases/act/ACTCA/2012/2.html

APPEAL AND NEW TRIAL – in general and right of appeal – leave to appeal out of time – principles on which leave should be granted – explanation for delay – whether miscarriage of justice – leave refused.

APPEAL AND NEW TRIAL – practice and procedure – when time for appeal begins to run in criminal matters – Court Procedures Rules 2006 (ACT) Div 5.4.7 – meaning of conviction.

APPEAL AND NEW TRIAL – practice and procedure – cross appeal – whether conviction appeal can be cross-appeal against sentence appeal – need for fresh appeal.

R v Fairbairn [2011] ACTSC 78 (19 May 2011)

http://www.austlii.edu.au/au/cases/act/ACTSC/2011/78.html

CRIMINAL LAW – trial by judge alone – charge of trafficking in a controlled drug other than cannabis – accused is guilty.
EVIDENCE – admissibility and relevancy – hearsay – whether records of telephone calls inadmissible as hearsay – admissible as admissions of accused – other party’s conversation not admitted for truth of representation.
EVIDENCE – admissibility and relevancy – tendency evidence – no notice given in time – whether prosecution should be permitted to rely on evidence – substance given well before trial – evidence admitted.
EVIDENCE – admissibility and relevancy – tendency evidence – whether of significant probative value – whether significant probative value outweighs unfair prejudice – evidence admissible.
CRIMINAL LAW – evidence – res gestae – whether doctrine survives enactment of Evidence Act 1995 (Cth).

Evidence Act 1995 (Cth), ss 59, 66, 67, 97, 100, 101, 137, Pt 3.4

Twynam Pastoral Co Pty Limited v AWB (Australia) Ltd [2008] FCA 1922 (16 December 2008)

[2008] FCA 1922

EVIDENCE – tendency evidence – evidence sought to be adduced by applicant that the respondent’s agent made similar representations to a number of purchasers of wheat – whether the evidence would have significant probative value – whether evidence admissible as reliance evidence – whether evidence admissible as admissions

Held: tendency evidence admissible, other evidence not to be admitted