R v Geeves; R v Geeves (No. 3)

In the case of R v Geeves, the accused faced trial for the murder of two individuals, along with charges related to firearms offences. The issue before the court was whether statements made by Amber Haigh, an unavailable witness, could be admitted as evidence under section 65(2)(c) of the Evidence Act 1995 (NSW). Amber Haigh was a key witness who was unable to attend the trial due to health reasons, and her statements were sought to be introduced as evidence to assist in determining the guilt of the accused. The court was required to balance the probative value of the evidence against the potential for unfair prejudice to the accused.

The court considered the statutory provisions and relevant case law to determine whether the probative value of Amber Haigh's statements outweighed the danger of unfair prejudice to the accused. The court noted that the statements were highly relevant to the issues before the court and could potentially assist in resolving factual disputes. However, the court also recognised the potential for prejudice, particularly given the serious nature of the charges and the absence of the witness for cross-examination. The court found that the probative value of the evidence was sufficient to justify its admission, despite the potential for prejudice. The court concluded that the evidence was admissible and could be considered by the jury in determining the guilt or innocence of the accused.

The court ordered that the statements of Amber Haigh be received as evidence in the trial. The trial proceeded with the jury considering all available evidence, including the statements of Amber Haigh, in determining the guilt or innocence of the accused. The final orders of the court were that the statements of Amber Haigh be admitted as evidence and that the trial continue with the jury deliberating on the charges against the accused.