R v Lewis (No 2)

The case of R v Lewis (No 2) involved the respondent, Lewis, who had previously been convicted of drug trafficking. The current proceeding was an application by the prosecution to admit hearsay evidence in the form of a statement made by a co-conspirator, which had been excluded in an earlier trial. The application was heard in the Supreme Court of Victoria.

The legal issue before the court was whether the hearsay evidence, specifically parts of the co-conspirator's statement, could be admitted under section 65 of the Evidence Act 1995. This section allows for the admission of hearsay evidence if it is considered reliable and the circumstances of the case justify it. The court had to determine if the excluded part of the statement, which implicated Lewis in the drug trafficking, could be admitted in the light of the co-conspirator's prior inconsistent statement and the reliability of the evidence overall.

The court found that the excluded part of the statement could be admitted. The reasoning was based on the reliability of the evidence as demonstrated by the co-conspirator's prior inconsistent statement and other corroborating evidence. The court concluded that the probative value of the statement outweighed any prejudicial effect it might have on the respondent. Consequently, the court allowed the prosecution's application and ordered that the representations in question be admitted with the excision of paragraph [12] of the statement, which contained the inadmissible part.

No further orders were made, and the matter proceeded to the trial with the amended evidence.