R v TAI, Alatini [2016] NSWCCA 207

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: R v TAI, Alatini [2016] NSWCCA 207 Hearing dates: 9 September 2016 Decision date: 28 September 2016 Before: Beazley P at [1]; Garling J at [48]; Hidden AJ at [51] Decision: Crown appeal dismissed. Catchwords: EVIDENCE - discretion to exclude evidence pursuant to Evidence Act 1995 (NSW), s 135(a) - death of victim of alleged robbery prior to trial - statements of deceased admissible pursuant to Evidence Act 1995 (NSW), s 65(2) - whether probative value of evidence substantially outweighed by the danger that the evidence might be unfairly prejudicial - whether inability to cross-examine deceased gave rise to danger that statements would be unfairly prejudicial to the accused

APPEAL - appeal against interlocutory decision by the Crown pursuant to Criminal Appeal Act 1912 (NSW), s 5F(3A) - appeal from discretionary decision of trial judge to exclude evidence pursuant to Evidence Act 1995 (NSW), s 135(a) - whether error established in the House v The King sense - whether trial judge impermissibly took into account "inadequacy of police investigation" Legislation Cited: Crimes Act 1900 (NSW) Criminal Appeal Act 1912 (NSW) Evidence Act 1995 (NSW) Cases Cited: House v The King (1936) 55 CLR 449; [1936] HCA 40 Papakosmas v R (1999) 196 CLR 297; [1999] HCA 37 Category: Principal judgment Parties: Regina (Appellant) Alatini Tai (Respondent) Representation: Counsel: N Williams (Appellant) P Lange (Respondent)