NSW Caselaw
Reported Decision : 127 A Crim R 124
New South Wales Court of Criminal Appeal
CITATION : Regina v Grant [2001] NSWCCA 486 FILE NUMBER(S) : CCA 60495/00 HEARING DATE(S) : 14 August 2001 JUDGMENT DATE : 30 November 2001
PARTIES : Regina v Dale Francis Grant JUDGMENT OF : Spigelman CJ at 1; Sully J at 2; Smart AJ at 3
LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 99/71/0013 LOWER COURT JUDICIAL Job DCJ OFFICER :
COUNSEL : (A) W C Terracini (C) P G Berman SC SOLICITORS : (A) Cater & Blumer (C) S E O'Connor CATCHWORDS : Admission of a prescribed statement made by deceased complainant on trial - exercise of discretion to exclude under s116(2) of Criminal Procedure Act 1986 - circumstances to be considered - relationsdhip of s116(2) and Evidence Act 1995 - discretion to exclude otherwise admissible evidence because it will lead to an unfair trial - verdict reasonably supported by the evidence. Justices Act 1902 Crimes Act, 1900 LEGISLATION CITED : Crimes (Procedure) Amendment Act 1983 Justices (Procedure) Further Amendment Act 1983 Evidence Act 1995 Criminal Procedure Act 1986 Attorney General of NSW v Jackson (1906) 3 CLR 731 R v Hendy (Earle J) 1850 4 Cox CC 243 R v Brotherton (1992) 29 NSWLR 95 R v Stackelroth (1996) 86 A Crim R 438 R v Lynch [1979] 2 NSWLR 775 CASES CITED: Scott & Anor v The Queen 1989 AC 1242 McDermott (1948) 76 CLR 501 Lee (1950) 82 CLR 133 Macpherson (1981) 147 CLR 512 Cleland (1982) 151 CLR 1 Phillips (1985) 159 CLR 45 DECISION : Appeal against conviction dismissed
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