R v Al Batat & Ors (No 31) [2020] NSWSC 1556

Supreme Court New South Wales

Medium Neutral Citation: R v Al Batat & Ors (No 31) [2020] NSWSC 1556 Hearing dates: 28 October 2020 Date of orders: 28 October 2020 Decision date: 28 October 2020 Jurisdiction: Common Law Before: Hamill J Decision: The application to limit the use of Leonard Rivers' evidence of a conversation with Ying Cheng Luo on 11 or 12 January 2017 pursuant to s 136 of the Evidence Act 1995 (NSW) is granted. Catchwords: CRIMINAL LAW – hearsay evidence - application to limit use of evidence - admissions by one accused to witness - contract to kill - acceptance of contract - intention to carry out contract - not admissible as an admission against co-accused - in one respect admissible as evidence of contemporaneous representation of speaker's intention - admissible as circumstantial evidence of subsequent agreement and joint criminal enterprise - appropriate to make an order limiting use of evidence against co-accused Legislation Cited: Evidence Act 1995 (NSW), ss 87(1)(c), 66A, 136 Category: Procedural and other rulings Parties: Regina Abdallah Hassan Al Batat Ying Cheng Luo Ian Fan Jaiyu Liu Jacob Blake Bayliss Nai An Li Representation: Counsel: P Hogan (Crown) B Rigg SC (Al Batat) R Webb (Luo) T Quilter (Fan) N Carroll (Liu) A Norrie (Bayliss) D Carroll (Li)

Solicitors: Solicitor for the NSW DPP (Crown) TS Law Firm (Al Batat) Voros Lawyers (Luo) Zahr & Partners (Fan) George Sten & Co (Liu) Ross Hill Lawyers (Bayliss) Younes & Espiner (Li) File Number(s): 2018/214586 (Al Batat) 2017/170943 (Luo) 2017/168582 (Fan) 2017/168476 (Liu) 2017/321618 (Bayliss) 2018/214894 (Li) Publication restriction: No publication until conclusion of trial