Regina v Dean Anthony Privett and Michael Privett [1999] NSWSC 1075

New South Wales Supreme Court CITATION : Regina v Dean Anthony Privett and Michael Privett [1999] NSWSC 1075 CURRENT JURISDICTION : Criminal FILE NUMBER(S) : 70081/98; 70014/97 HEARING DATE(S) : 21 July 1999 JUDGMENT DATE : 3 August 1999

Regina PARTIES : v Dean Anthony Privett Michael Privett JUDGMENT OF : Badgery-Parker AJ at 1

Cr: Mr P Conlon COUNSEL : D (Dean): Mr P Young D (Michael): Mr P Bodor QC Cr: Crown Solicitors Office, Wollongong SOLICITORS : D (Dean): Legal Aid Commission of NSW D (Michael): Brezniak Neil-Smith & Co, Sydney CATCHWORDS : EVIDENCE - Admissibility - Hearsay - Exception: criminal proceedings where maker not available - Statements made by deceased to friend - Whether based on what he saw, heard or otherwise perceived - Whether first hand hearsay or more remote. ACTS CITED : Evidence Act 1995 CASES CITED : Regina v Carr (25 August 1989, NSW Court of Criminal Appeal, unreported) DECISION : Evidence rejected

IN THE SUPREME COURT OF NEW SOUTH WALES CRIMINAL DIVISION

BADGERY-PARKER AJ

Tuesday, 3 August 1999

No: 70081/98 REGINA v Dean Anthony PRIVETT No: 70014/97 REGINA v Michael PRIVETT

JUDGMENT

1 HIS HONOUR: The Crown sought to adduce evidence from several sources to establish a number of matters said to lay the foundation for a finding by the jury that each of the accused had a particular motive to kill Dr Peter Rowland. The evidence in question comprised the following:

(a) Evidence of Jeanette Mary Baldwin, a friend of the deceased, of a conversation with him in February 1996 in which the deceased told her, "My life is in danger, there are two brothers that are after me". Ms Baldwin asked why, and she says in her statement: "I can't remember his exact now, but it was either, 'They think I made their brother gay' or 'They think I gave their brother AIDS."