Supreme Court
New South Wales
Medium Neutral Citation: R v Al Batat & Ors (No 9) [2020] NSWSC 1101 Hearing dates: 6 August 2020 Date of orders: 21 August 2020 Decision date: 21 August 2020 Jurisdiction: Common Law Before: Hamill J Decision: Evidentiary rulings made – see paragraph [61]
Catchwords: CRIMINAL LAW - evidence - admissions made with authority - co-conspirators rule - common purpose to murder - where one offender makes admissions to a witness criminal concerned in events - whether admissible against co-accused - hearsay - admissions - whether statements made in furtherance of common purpose - scope of common purpose - whether extends to common purpose to avoid detection
Legislation Cited: Evidence Act 1995 (NSW), ss 59, 81, 82, 87
Cases Cited: Ahern v The Queen (1988) 165 CLR 87; [1988] HCA 39
Higgins v R [2020] NSWCCA 149
Landini v New South Wales [2007] NSWSC 259
R v Dolding (2018) 100 NSWLR 314; [2018] NSWCCA 127
R v Macraild (Court of Criminal Appeal (NSW), 18 December 1997, unrep)
R v Scott Alan May (No 2) [2008] NSWSC 595
Category: Procedural and other rulings Parties: Regina
Abdallah Hassan Al Batat
Ying Cheng Luo
Ian Fan
Jaiyu Liu
Jacob Blake Bayliss
Nai An LiRepresentation: Counsel:
Solicitors:
P Hogan (Crown)
B Rigg SC (Al Batat)
R Webb (Luo)
T Quilter (Fan)
N Carroll (Liu)
A Norrie (Bayliss)
D Carroll (Li)
Solicitor for the NSW DPP (Crown)
TS Law Firm (Al Batat)
Voros Lawyers (Luo)
Zahr & Partners (Fan)
George Sten & Co (Liu)
Ross Hill Lawyers (Bayliss)
Younes & Espiner (Li)
File Number(s): 2018/242293; 2018/214586 (Al Batat)
2017/170943; 2018/380808 (Luo)
2017/168582 (Fan)
2017/168476 (Liu)
2017/321618 (Bayliss)
2018/214894 (Li)Publication restriction: Not to be published until the conclusion of the trial
Judgment
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This is one of a number of judgments arising out of a pre-trial hearing currently taking place before the empanelment of a jury in the trial of six men charged with various offences related to some gangland or drug related shootings that occurred in early 2017. The accused, Ian Fan (also known as “Michael”), objected (inter alia) to nine discrete items of evidence contained in the statements of a witness known either as Witness B or Leonard Rivers (a pseudonym). [1] Originally 11 items of evidence were identified as being subject to similar objections. However, two of those objections were withdrawn. In each instance, the evidence relates to statements or conduct by a co-accused, Ying Cheng Luo (also known as “Johnny” Luo) as reported by Mr Rivers. The Prosecution presses the evidence under the so called “co-conspirator’s rule” and its statutory equivalent in s 87 of the Evidence Act 1995 (NSW).
1. R v Al Batat & Ors (No. 1) [2020] NSWSC 967.
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In a nutshell, the Prosecution alleges that the target of the shootings (Jun Jia or “Xiao Jun”) obtained 1 kg of methylamphetamine (Ice) from some drug dealers…
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- AGLC
- R v Al Batat (No 9) [2020] NSWSC 1101
- Case
- [2020] NSWSC 1101
- Decision Date
CaseChat Overview and Summary
The central legal issue before the court was whether the statements made by the co-accused to the third party were admissible against the appellant under the co-conspirators rule, and whether they were made in furtherance of a common purpose that included a purpose to avoid detection. The court had to determine the scope of the common purpose and whether it extended to a purpose to avoid detection, and if so, whether this was sufficient to render the statements admissible under the co-conspirators rule.
The court found that the statements made by the co-accused to the third party were indeed in furtherance of a common purpose that included a purpose to avoid detection. The court held that the common purpose extended beyond the initial purpose to commit murder and encompassed the subsequent efforts to evade detection and prosecution. The court found that the statements were made in furtherance of this broader common purpose and were therefore admissible against the appellant under the co-conspirators rule. The court further held that the statements were admissions made with authority, as they were made to a party who was involved in the events leading up to the death. The appellant's argument that the statements were inadmissible hearsay was therefore rejected.
The court's decision upheld the conviction of the appellant and his co-accused on all charges. The court found that the evidence, including the admissible statements, was sufficient to prove the charges beyond reasonable doubt. The appellant's appeal against conviction was therefore dismissed.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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