R v Geeves; R v Geeves (No. 4) [2024] NSWSC 938

Supreme Court New South Wales

Medium Neutral Citation: R v Geeves; R v Geeves (No. 4) [2024] NSWSC 938 Hearing dates: 24 June, 25 June, 2 July, 8 July and 12 July 2024 Date of orders: 24 June, 25 June, 2 July, 8 July and 2 August 2024 Decision date: 02 August 2024 Jurisdiction: Common Law Before: Lonergan J Decision: Various rulings and exclusions. At [54] re Inquest evidence generally; [59], [60], [62], [64] and [66] re Stella Nealon; [68] re Ray Harding; [71] re Petrina Ingram; [74], [75] and [77] re Keli Wood; [79] and [81] re Jacqueline Cash; [85], [86] and [88] re Paul Harding; [90], [92], [94] and [95] re Patricia Haigh and [97]-[100] and [102] re Judith Khan. Catchwords: EVIDENCE – hearsay – exceptions – first hand hearsay exceptions – s 65(2) Evidence Act 1995 (NSW) – meaning of "circumstances" in s 65(2)(c) – s 66A contemporaneous representation about a person's feelings, sensations, intention, knowledge or state of mind – hearsay representations made by deceased – whether evidence should be admitted under exceptions to the hearsay rule – section 65(2)(c) – whether circumstances in which representations were made make it highly probable that the representation is reliable EVIDENCE – hearsay exceptions – s 65(3) Evidence Act 1995 (NSW) – extracts of transcript from 2011 Inquest sought to be tendered by Crown – where Mr Geeves not represented by a lawyer at the Inquest – where Mr Geeves attended but asked no question of any witness – role of s 65(3) where evidence Mrs Geeves was too ill to attend Inquest and did not attend until last day – whether accused persons had a reasonable opportunity to cross-examine the persons who made the representations EVIDENCE – discretion to exclude evidence – whether probative value of the evidence is outweighed by danger of unfair prejudice – judge alone trial Legislation Cited: Coroners Act 2009 (NSW) Evidence Act 1995 (NSW) ss 59, 62, 65, 66A, 135, 136, 137 Cases Cited: Boral Resources (Vic) Pty Ltd v CFMEU (Ruling No 2) [2015] VSC 459 In the matter of HIH Insurance Limited (In Liquidation) [2015] NSWSC 790 Papakosmas v The Queen (1999) 196 CLR 297; [1999] HCA 37 Puchalski v Regina [2007] NSWCCA 220 R v Al Batat & Ors (No 31) [2020] NSWSC 1556 R v Dawson [2022] NSWSC 814 R v Geeves; R v Geeves (No. 3) [2024] NSWSC 862 R v Geeves; R v Geeves (No. 5) [2024] NSWSC 939 R v Macdonald; R v Edward Obeid; R v Moses Obeid (No 4) [2019] NSWSC 1286 R v Omar [2022] NSWSC 371 R v Ronald Edward Medich (No. 17) [2017] NSWSC 170 R v Ryan [2020] NSWSC 1394 R v Singh (No 4) [2021] NSWSC 75 R v Suteski (2002) 56 NSWLR 182; [2002] NSWCCA 509 Sio v The Queen (2016) 259 CLR 47; [2016] HCA 32 Category: Procedural rulings Parties: Rex (Crown) Robert Samuel Geeves (Accused) Anne Margaret Geeves (Accused) Representation: Counsel: P.W. Kerr (Crown) P Coady (Robert Samuel Geeves) M.P. King (Anne Margaret Geeves)