R v Grogan (No 3) [2013] NSWSC 1193

Supreme Court New South Wales

Medium Neutral Citation: R v Grogan (No 3) [2013] NSWSC 1193 Hearing dates: 16 August 2013 Decision date: 27 August 2013 Jurisdiction: Common Law - Criminal Before: R A Hulme J Decision: 1. Evidence of deceased reporting threats by accused inadmissible. 2. Evidence of representation made by deceased that accused not welcome at his home admissible. 3. Evidence of representations made by late brother of deceased as to state of deceased's house admissible. Catchwords: EVIDENCE - criminal - maker unavailable hearsay - Evidence Act s 65 - evidence from deceased of threats made by accused - substantial gap in time between treats and alleged assault - probative value outweighed by danger of unfair prejudice - evidence inadmissible EVIDENCE - criminal - maker unavailable hearsay - Evidence Act s 65 - evidence of animosity between deceased and accused - evidence of items in disarray at scene of alleged assault - both items of evidence admissible Legislation Cited: Evidence Act 1995 (NSW) Cases Cited: R v Shamouil [2006] NSWCCA 112; 66 NSWLR 228 Category: Procedural and other rulings Parties: Regina Jason Mark Grogan Representation: Counsel: Mr L Carr (Crown) Mr C Smith (Accused) Solicitors: Solicitor for Public Prosecutions Legal Aid NSW File Number(s): 2012/17224

Judgment 1HIS HONOUR: Mr Smith, counsel for the accused, objected to three items of evidence that the Crown says is admissible pursuant to s 65 of the Evidence Act 1995 (NSW) (maker unavailable hearsay). I have given rulings on the objections. These are my reasons for those rulings.