R v Meakin (No. 1) [2016] NSWSC 1006

Supreme Court New South Wales

Medium Neutral Citation: R v Meakin (No. 1) [2016] NSWSC 1006 Hearing dates: 19 July 2016 Date of orders: 19 July 2016 Decision date: 21 July 2016 Jurisdiction: Common Law - Criminal Before: Davies J Decision: Leave to the accused to adduce the evidence referred to in paragraphs [4] and [15] of the judgment. Catchwords: EVIDENCE – admissibility – hearsay - statement by the deceased while events fresh in the memory – evidence of statement by person who heard the representation from the accused - statement containing implied admission and exculpatory material – implied admission not an issue in the trial – whether statement admissible – admission not adverse to accused's interests – statement admissible under s 66(2) Evidence Act – accused to give evidence in trial – events fresh in the accused's memory EVIDENCE – admissibility – lay opinion – evidence of witness of accused's reaction to information conveyed to him – whether witness could give conclusionary evidence of accused's emotional state – whether evidence relevant – whether evidence could rationally affect assessment of fact in issue – evidence rejected Legislation Cited: Evidence Act 1995 (NSW) Cases Cited: Crisologo v R (1997) 99 A Crim R 178 R v Carter; Exp Gray [1991] Tas R 174 R v Parkes [2003] NSWCCA 12; (2003) 147 A Crim R 450 Sydleman v Beckwith (1875) 43 Conn 12 Texts Cited: Wigmore, Evidence in Trials at Common Law, (Chadbourn Rev, 1978 vol 7) Category: Procedural and other rulings Parties: Crown Michael Meakin (Accused) Representation: Counsel: P Barrett (Crown) G Brady SC (Accused)