R v KJ & R v Jayden HUNTER [2009] NSWDC 237

Reported Decision : 9 DCLR (NSW) 374

New South Wales District Court

CITATION: R v KJ & R v Jayden HUNTER [2009] NSWDC 237

HEARING DATE(S): 10 September 2009 EX TEMPORE JUDGMENT DATE : 10 September 2009

JURISDICTION: District Court Criminal

JUDGMENT OF: Berman SC DCJ

DECISION: The Crown application to play part of the Electronically Recorded Interview with the unfavourable witness is refused.

CATCHWORDS: Criminal Law - Judgment on voir dire - Unfavourable witness - Tender of Electronically Recorded Interview - Hearsay - Second hand hearsay - Admission

LEGISLATION CITED: Evidence Act 1995

Adam v The Queen (2001) 207 CLR 96 CASES CITED: Lee v The Queen (1998) 195 CLR 594 R v Suteski [2002] NSWCCA 509 Tan v R [2008] NSWCCA 332

The Crown PARTIES: KJ Jayden Hunter

FILE NUMBER(S): DC 08/11/1081; DC 08/11/1082

G O'Rourke - Crown COUNSEL: A Evers - KJ J Stratton SC - Jayden Hunter

NSW DPP SOLICITORS: JPM Legal - KJ ALS - Jayden Hunter

JUDGMENT

1 HIS HONOUR: This morning evidence was called from Mr Kennedy. He had previously been interviewed by police. A video recording of that interview is available. I have read the transcripts of what he said. There is material in the interview which the Crown seeks to rely on. There was also material which I expect that the accused will seek to rely on.

2 This judgment concerns the admissibility of that part of the recorded interview which concerns admissions made by KJ to Mr Kennedy. Mr Kennedy professed to have no memory of many things in the witness box when he was called on the voir dire this morning. In particular he could not recall someone called BR; did not know a person by the name of KJ or KB, one of the accused, and could not recall being to premises where it is common ground that relevant events occurred.