R v Suteski [2002] NSWCCA 509 (20 December 2002)

[2002] NSWCCA 509

CRIMINAL LAW – Appeal against conviction and sentence for murder – plea of not guilty – Crown appeal against leniency of sentence – Form 1 offences – obtain benefit by deception- exception to hearsay – ERISP evidence – admissibility of out of court statement where maker unavailable – statement against interest.

Evidence Act (NSW) 1995 ss 59 62, 65, 67, 135, 137, 165, 192