R v Wiggins (No 3) [2021] NSWSC 1128

Supreme Court New South Wales

Medium Neutral Citation: R v Wiggins (No 3) [2021] NSWSC 1128 Hearing dates: 14 July 2021 Date of orders: 6 September 2021 Decision date: 06 September 2021 Jurisdiction: Common Law Before: N Adams J Decision: The evidence of Mr X is admissible. Catchwords: CRIMINAL PROCEDURE — application to exclude evidence – hearsay evidence of statements made by a Crown witness regarding his involvement in the alleged murder – where witness was charged as an accessory before the fact but charges were no-billed – whether second-hand hearsay or implied admissions – held, statements are first-hand hearsay and not admissions – whether admissions made with authority in furtherance of common purpose – held, common purpose ended upon death of deceased – narrative statements made after the event not made in furtherance of common purpose – whether fresh in the witness' memory – statements made up to seven years after the event – held to be fresh in the memory due to nature of events – whether admissible as credibility evidence in the alternative – whether evidence should be excluded under s 137 – held, probative value outweighs unfair prejudice – s 165 warning appropriate due to hearsay nature Legislation Cited: Evidence Act 1995 (NSW), ss 38, 59, 60, 62, 66, 81, 83, 87, 101A, 102, 103, 106, 136, 137, 165 Cases Cited: Higgins v R [2020] NSWCCA 149 Landini v State of NSW [2007] NSWSC 259 Lee v The Queen (1998) 195 CLR 594; [1998] HCA 60 Papakosmas v The Queen (1999) 196 CLR 297; [1999] HCA 37 R v Basha (1989) 39 A Crim R 337 R v Dolding [2018] NSWCCA 127 R v Gregory-Roberts [2016] NSWCCA 92 R v XY (2010) 79 NSWLR 629; [2010] NSWCCA 181 The Queen v Bauer (a pseudonym) (2018) 266 CLR 56; [2018] HCA 40 Tripodi v The Queen (1961) 104 CLR 1; [1961] HCA 22 Wiggins v R [2020] NSWCCA 256 Category: Procedural rulings Parties: Regina (Crown) Matthew Paul Wiggins (Accused) Representation: Counsel: Mr P Barrett (Crown) Mr D Dalton (Accused)