NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: R v Spiteri-Ahern; R v Barber; R v Zraika (No 10) [2017] NSWSC 1380 Hearing dates: 08 September and 04 October 2017 Date of orders: 09 October 2017 Decision date: 09 October 2017 Jurisdiction: Common Law - Criminal Before: Rothman J Decision: Evidence of admissions admitted against Ms Barber. Catchwords: EVIDENCE – admissions – admissions made in the course of violent relationship between partners, each of whom is an accused – evidence tendered against male accused as admissions – objection taken to admissions against female accused who was subject to violence – s 84 of the Evidence Act 1995 is not limited to questioning or conduct perpetrated for the purpose of obtaining admissions – s 84 of the Evidence Act applies to violence perpetrated – as a matter of fact in this case the making or content of the admissions are not influenced by the violence. Legislation Cited: Evidence Act 1995 Cases Cited: Australian Competition and Consumer Commission v Pratt (No 3) [2009] FCA 407 Municipal Officers' Association of Australia v Lancaster (1981) 54 FLR 129 Project Blue Sky v Australian Broadcasting Authority (1998) 194 CLR 355; [1998] HCA 28 R v Douglas [2000] NSWCCA 275 R v JF [2009] ACTSC 104 R v Lodhi (2006) 199 FLR 342; [2006] NSWSC 648 Category: Procedural rulings Parties: 2014/00180060: Regina (Crown) Louise Catherine SPITERI-AHERN (Accused)
2014/00180279: Regina (Crown) April BARBER (Accused)
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