High Court of Australia
HIGH COURT OF AUSTRALIA
GAGELER CJ,
EDELMAN, STEWARD, GLEESON AND BEECH‑JONES JJ
STEVEN MOORE (A PSEUDONYM) APPELLANT
AND
THE KING RESPONDENT
Steven Moore (a pseudonym) v The King
[2024] HCA 30
Date of Hearing: 5 June 2024
Date of Judgment: 14 August 2024
M23/2024
ORDER
Appeal dismissed.
On appeal from the Supreme Court of Victoria
Representation
C T Carr SC and J R Murphy with P D Coleridge for the appellant (instructed by Angus Cameron Lawyers)
B F Kissane KC with J P O'Connor for the respondent (instructed by Office of Public Prosecutions (Vic))
Notice: This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.
CATCHWORDS
Steven Moore (a pseudonym) v The King
Evidence – Interlocutory appeal – Admissibility – Hearsay evidence – Judicial discretion to exclude evidence – Standard of appellate review – Where s 65 of Evidence Act 2008 (Vic) applied in criminal proceeding if person who made previous representation was not available to give evidence about asserted fact – Where appellant due to stand trial for seven offences committed against one complainant – Where complainant passed away in unrelated circumstances – Where respondent notified appellant of intention to adduce evidence of previous representations made by complainant – Where trial judge ruled evidence satisfied s 65 and refused to exclude evidence of representations under s 137 of Evidence Act – Whether Court of Appeal required to apply principles in House v The King (1936) 55 CLR 499 or "correctness" standard in reviewing trial judge's decision under s 137 of Evidence Act – Whether Court of Appeal erred in assessing danger of unfair prejudice that would result from admission of evidence of representations.
Words and phrases – "appellate court", "correctness standard", "discretionary decision", "evidence", "hearsay", "hearsay rule", "interlocutory", "not available", "probative value", "representation", "standard of review", "unfair prejudice".
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