NSW Caselaw
District Court New South Wales
Medium Neutral Citation: R v Bates [2024] NSWDC 612 Hearing dates: 9 October 2024 Date of orders: 9 October 2024 Decision date: 09 October 2024 Jurisdiction: Criminal Before: Haesler SC DCJ Decision: Provisional relevance – The defence can tender copies of communications even though their asserted author contests their authenticity. Judicial directions will be given as to how the jury is to assess the exhibit provisionally admitted Catchwords: CRIMINAL PROCEDURE — Trial — Voir dire — Admissibility of evidence — Judge's role as evidentiary gatekeeper — Provisional admission of evidence in jury trial — Directions to jury EVIDENCE — Documentary evidence — Authenticity of documents — Tender of documents — Jury to make preliminary assessment of authenticity EVIDENCE — Witness evidence — Affidavits — Provisional relevance — Application of ss 57, 58 Evidence Act 1995 (NSW) Legislation Cited: Criminal Procedure Act 1986 (NSW) Evidence Act 1900 (NSW) Evidence Act 1995 (NSW) Texts Cited: RP Croom-Johnson and GFL Bridgman, Taylor on Evidence (8th ed, 1894, Sweet and Maxwell Ltd) S Odgers, Uniform Evidence Law (19th ed, 2024, Thomson Reuters) Category: Procedural rulings Parties: Tyler Bates (the accused) Public Prosecutions (NSW) (Crown) Representation: Counsel: R Mitchell (for the accused)
Solicitors: Legal Aid (NSW) (for the offender) I Maxwell-Williams solicitor advocate for Public Prosecutions (NSW) (Crown) File Number(s): 2022/298869
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