R v Sood (Ruling No 2) [2006] NSWSC 732

New South Wales Supreme Court

CITATION : R v Sood (Ruling No 2) [2006] NSWSC 732

HEARING DATE(S) : 12 - 14 July 2006, 17 - 19 July 2006

JUDGMENT DATE : 20 July 2006

JUDGMENT OF : Simpson J

DECISION : evidence admitted

CATCHWORDS : Ruling on admissibility of evidence - Evidence Act s108

LEGISLATION CITED : Evidence Act 1995 s108, s192(2)

CASES CITED : R v Cassar & Ors [1999] NSWSC 352

PARTIES : Crown Suman Sood - Accused

FILE NUMBER(S) : SC 2005/2353

COUNSEL : M Tedeschi QC / T Smith - Crown P Boulten SC / M Buscombe - Accused

SOLICITORS : S Kavanagh - Crown P Tsaousidis - Accused

IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

SIMPSON J

Thursday 20 July 2006

2005/2353 Regina v Suman Sood

RULING ON ADMISSIBILITY OF EVIDENCE: EVIDENCE ACT s108: Ruling No 2 1 HER HONOUR: At the conclusion of the cross examination of the Crown's first witness senior counsel appearing for the Crown sought leave, pursuant to s108 of the Evidence Act 1995, to adduce evidence of an affidavit sworn by the witness on 17 July 2002, just two months after the events the subject of the indictment. The affidavit consisted of her account of those events. The content of the affidavit is largely consistent with evidence given in the trial by the witness. 2 S108 permits evidence of a prior consistent statement to be adduced (importantly, by leave of the court) where:

(i) evidence of a prior inconsistent statement of a witness has been admitted; or (ii) it has been, or will be, suggested, either expressly or by implication, that evidence given by the witness has been fabricated or reconstructed (whether deliberately or otherwise) or is the result of a suggestion.