R v Hunter (No. 2) [2013] NSWSC 1806

Supreme Court New South Wales

Medium Neutral Citation: R v Hunter (No. 2) [2013] NSWSC 1806 Hearing dates: 13 November 2013 Decision date: 06 December 2013 Jurisdiction: Common Law - Criminal Before: Johnson J Decision: 1. The objection by the Accused to the tender by the Crown of the contents of the statement of Wade Hunter dated 2 September 2011 is overruled. 2. The representations identified by the Crown in the statement of Wade Hunter dated 2 September 2011 satisfy the requirements of s.65(1) and (2) Evidence Act 1995. 3. The Accused's Notice of Motion filed on 28 October 2013 is dismissed. Catchwords: CRIMINAL LAW - murder - pretrial application to exclude evidence - statement of witness who has since died - exception to hearsay rule where witness unavailable - whether requirements of s.65(2) Evidence Act 1995 satisfied - whether evidence should be excluded under s.137 Evidence Act 1995 - requirements of s.65(2) established - evidence should not be excluded under s.137 Legislation Cited: Evidence Act 1995 Cases Cited: Festa v The Queen [2001] HCA 72; 208 CLR 593

Lee v The Queen [1998] HCA 60; 195 CLR 594 Papakosmas v The Queen [1999] HCA 37; 196 CLR 297 R v Ambrosoli [2002] NSWCCA 386; 55 NSWLR 603 R v Cook [2004] NSWCCA 52 R v El Masri [2010] NSWSC 1277 R v Shamouil [2006] NSWCCA 112; 66 NSWLR 228 R v Sio [2013] NSWSC 1412 R v Suteski [2002] NSWCCA 509; 56 NSWLR 182 Texts Cited: --- Category: Interlocutory applications Parties: Regina (Crown) Paul Andrew Hunter (Accused) Representation: Counsel: Mr RA Herps (Crown) Mr DL Carroll (Accused) Solicitors: Director of Public Prosecutions (NSW) (Crown) Shiranica Danieli Lawyers (Accused) File Number(s): 2011/397367 Publication restriction: ---