NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: R v Morton [2008] NSWCCA 196
HEARING DATE(S): 11 August 2008
JUDGMENT DATE: 21 August 2008
JUDGMENT OF: McClellan CJ at CL at 1; Barr J at 2; Price J at 39
DECISION: The order by Phegan DCJ rejecting the tender of the witness' statement is set aside.
CATCHWORDS: CRIMINAL LAW - inadmissibility of a witness statement taken through an interpreter - admissibility of evidence under s65 Evidence Act when the maker is not available - unavailability of persons
LEGISLATION CITED: Criminal Appeal Act 1912 - s5F(3A) Evidence Act 1995 - s65, s67
R v Mankotia [1998] NSWSC 295 R v Polkinghorne [1999] 108 A Crim R 189 Conway v R (2000) 98 FCR 204 CASES CITED : Williams v R (2000) 119 A Crim R 490 R v Kazzi (2003) 140 A Crim R 545 R v Ambrosoli [2002] NSWCCA 386 Gaio v R (1960) 104 CLR419
PARTIES: Regina Richard Harry Morton
FILE NUMBER(S): CCA 2007/1382202
COUNSEL: D Arnott SC (Crown) P Hamill SC (Respondent)
SOLICITORS: Solicitor for Public Prosecutions (Crown) Steve O'Connor (Respondent)
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 07/11/0295
LOWER COURT JUDICIAL OFFICER: Phegan DCJ
LOWER COURT DATE OF DECISION: 3 April 2008
- - IN THE COURT OF CRIMINAL APPEAL 2007/13822002
McCLELLAN CJ at CL BARR J PRICE J
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