http://www.austlii.edu.au/au/cases/vic/VSCA/2009/299.html
Criminal law – Application for leave to appeal against conviction – Murder – Admissibility of confession – Whether trial judge erred in not exercising her discretion to exclude confession – Fairness discretion – Whether verdict unsafe and unsatisfactory – Whether prosecutor failed to comply with the rule in Browne v Dunn (1893) 6 R 67 – Whether judge erred in allowing the trial to continue with less than 12 jurors – Application refused.
EVIDENCE – whether duplicates of driver logbooks and computer-generated Journey Report produced pursuant to Notice to Produce during RTA audit of defendant, admissible – where RTA prosecution depends on establishing falsity of duplicates through reference to Journey Report – where relevant documents ruled inadmissible by Magistrate on basis logbook duplicates part of Vehicle Movement Record (VMR) and therefore inadmissible in criminal proceedings (s 147(3)), and Journey Report inadmissible on basis of irrelevance – whether evidence supports Magistrate finding duplicates on removal from logbook became a part of the VMR, and therefore inadmissible under s 69 of Road Transport (Safety and Traffic Management Act – whether logbook duplicates admissible as business records under exception to hearsay rule pursuant s 69 Evidence Act – whether Journey Report relevant to issue in proceedings – whether Ocean Marine Mutual Insurance v Jetopay authority for the proposition that in considering questions of admissibility under s 147, a document may not be examined pursuant to s 183 if objection is taken to it – whether Journey Report part of VMR and inadmissible pursuant to s 147(3) as related to, or leading to, criminal proceeding – whether defendant/respondent under obligation to maintain VMR on vehicle registered outside NSW – whether computer-generated data in Journey Report constitutes in effect a VMR.
APPEALS – Appeal from decision of Magistrate rejecting evidence
Evidence Act 1995, s49, s69, s146, s147, s183
EVIDENCE – documentary evidence – business records – exception to hearsay – effect provisions creating time limit for objections on admissibility of evidence – whether Pt 4.6 Div 1 of Evidence Act 1995 (Cth) requires Court not to admit evidence for twenty-one days
Evidence Act 1995 (Cth), ss 26, 47-51, 55, 56, 59, 63, 64, 67, 69, 70-75, 135, 166, 167, 168, 169, 190