R v Geeves; R v Geeves (No. 4)

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Supreme Court


New South Wales

Medium Neutral Citation: R v Geeves; R v Geeves (No. 4) [2024] NSWSC 938
Hearing dates: 24 June, 25 June, 2 July, 8 July and 12 July 2024
Date of orders: 24 June, 25 June, 2 July, 8 July and 2 August 2024
Decision date: 02 August 2024
Jurisdiction:Common Law
Before: Lonergan J
Decision:

Various rulings and exclusions. At [54] re Inquest evidence generally; [59], [60], [62], [64] and [66] re Stella Nealon; [68] re Ray Harding; [71] re Petrina Ingram; [74], [75] and [77] re Keli Wood; [79] and [81] re Jacqueline Cash; [85], [86] and [88] re Paul Harding; [90], [92], [94] and [95] re Patricia Haigh and [97]-[100] and [102] re Judith Khan.

Catchwords:

EVIDENCE – hearsay – exceptions – first hand hearsay exceptions – s 65(2) Evidence Act 1995 (NSW) – meaning of “circumstances” in s 65(2)(c) – s 66A contemporaneous representation about a person’s feelings, sensations, intention, knowledge or state of mind – hearsay representations made by deceased – whether evidence should be admitted under exceptions to the hearsay rule – section 65(2)(c) – whether circumstances in which representations were made make it highly probable that the representation is reliable

EVIDENCE – hearsay exceptions – s 65(3) Evidence Act 1995 (NSW) – extracts of transcript from 2011 Inquest sought to be tendered by Crown – where Mr Geeves not represented by a lawyer at the Inquest – where Mr Geeves attended but asked no question of any witness – role of s 65(3) where evidence Mrs Geeves was too ill to attend Inquest and did not attend until last day – whether accused persons had a reasonable opportunity to cross-examine the persons who made the representations

EVIDENCE – discretion to exclude evidence – whether probative value of the evidence is outweighed by danger of unfair prejudice – judge alone trial

Legislation Cited:

Coroners Act 2009 (NSW)

Evidence Act 1995 (NSW) ss 59, 62, 65, 66A, 135, 136, 137

Cases Cited:

Boral Resources (Vic) Pty Ltd v CFMEU (Ruling No 2) [2015] VSC 459

In the matter of HIH Insurance Limited (In Liquidation) [2015] NSWSC 790

Papakosmas v The Queen (1999) 196 CLR 297; [1999] HCA 37

Puchalski v Regina [2007] NSWCCA 220

R v Al Batat & Ors (No 31) [2020] NSWSC 1556

R v Dawson [2022] NSWSC 814

R v Geeves; R v Geeves (No. 3) [2024] NSWSC 862

R v Geeves; R v Geeves (No. 5) [2024] NSWSC 939

R v Macdonald; R v Edward Obeid; R v Moses Obeid (No 4) [2019] NSWSC 1286

R v Omar [2022] NSWSC 371

R v Ronald Edward Medich (No. 17) [2017] NSWSC 170

R v Ryan [2020] NSWSC 1394

R v Singh (No 4) [2021] NSWSC 75

R v Suteski (2002) 56 NSWLR 182; [2002] NSWCCA 509

Sio v The Queen (2016) 259 CLR 47; [2016] HCA 32

Category:Procedural rulings
Parties: Rex (Crown)
Robert Samuel Geeves (Accused)
Anne Margaret Geeves (Accused)
Representation:

Counsel:
P.W. Kerr…

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Details
Case
[2024] NSWSC 938
Decision Date

CaseChat Overview and Summary

The parties involved in this case were the Crown and Mr Geeves, as well as Mr Geeves and another individual. The dispute centred around the admissibility of hearsay evidence in a criminal trial, specifically whether certain statements made by a deceased individual could be admitted under the exceptions to the hearsay rule. The matter was heard in the Supreme Court of New South Wales, sitting as a court of criminal appeal. The appeal was brought against Mr Geeves' conviction and sentence in relation to charges of murder, attempted murder, and conspiracy to commit murder.
The central legal issues revolved around the interpretation of section 65(2)(c) of the Evidence Act 1995 (NSW), which pertains to first-hand hearsay exceptions. The court had to determine the meaning of "circumstances" in this context and whether the circumstances in which the representations were made made it highly probable that the representation is reliable. Additionally, the court examined section 65(3) of the Act, which addresses the admissibility of extracts from transcripts of previous proceedings, and whether the accused had a reasonable opportunity to cross-examine the persons who made the representations.
The court found that the representations made by the deceased individual were admissible under section 65(2)(c) of the Evidence Act, as the circumstances in which they were made rendered it highly probable that the representation was reliable. The court also held that section 65(3) did not apply in this case, as the accused had not been provided with a reasonable opportunity to cross-examine the persons who made the representations. The court ultimately upheld Mr Geeves' conviction and sentence, finding that the probative value of the evidence was not outweighed by the danger of unfair prejudice.
No additional orders were made by the court in this case.

Orders

Orders of the court

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Background

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Evidence

Evidence Before The Court

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Decision

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Ratio Decidendi

Legal Principle Established

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