SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
Case Title: | The Queen v Dennis Michael Nona |
Citation: | [2015] ACTSC 175 |
Hearing Date(s): | 10 November 2014 |
DecisionDate: | 21 November 2014 |
Date for delivery of reasons: | 13 July 2015 |
Before: | Refshauge J |
Decision: | Under section 65(3) of the Evidence Act 2011 (ACT): (i) The audio recording of the evidence of JG given in the trial of Dennis Michael Nona on 30 and 31 July 2012 be admitted as evidence in his re-trial to commence on 1 December 2014; (ii) The audio recording of the evidence of HT given in the trial of Dennis Michael Nona on 31 July 2012 be admitted as evidence in his re-trial; and (iii) The audio recording of the evidence of AD given in the trial of Dennis Michael Nona on 31 July 2012 be admitted as evidence in his re-trial. |
Category: | Principal Judgment |
Catchwords: | CRIMINAL LAW – Practice and procedure – Evidence – Pre-trial Application – Admission of audio recordings of the evidence – Interlocutory proceedings – Hearsay – Maker not available – Unavailability – Mental health – Depression – Anxiety – Suicidal ideation – Attempt to commit suicide – Inability to give evidence without an unacceptable risk of serious mental harm |
Legislation Cited: | Criminal Appeal Act 1912 (NSW), s 5F Evidence Act 1977 (Qld), ss 93B Court Procedures Rules 2006 (ACT), rr 6000, 6703 |
Cases Cited: | Clarkson v The Queen (2011) 32 VR 361 Director of Public Prosecutions (Victoria) v BB (2010) 204 A Crim R 85 |
Texts Cited: | Australian Law Reform Commission, the New South Wales Law Reform Commission and Victorian Law Reform Commission, Uniform Evidence Law Report (ALRC, NSWLRC, VLRC; Sydney, 2005) Wellborn O, “Demeanour” (1991) 76 Cornell L Rev 1075 |
Parties: | The Queen (Crown) Dennis Michael Nona (Defendant) |
Representation: | Counsel Ms M Jones (Crown) Mr F J Purnell SC (Defendant) |
| Solicitors ACT Director of Public Prosecutions (Crown) Porters Lawyers (Defendant) | |
File Number(s): | SCC 447 of 2009 |
Refshauge J:
Introduction
Dennis…
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- AGLC
- R v Nona [2015] ACTSC 175
- Case
- [2015] ACTSC 175
- Decision Date
CaseChat Overview and Summary
The legal issues before the court involved the admissibility of hearsay evidence under the Evidence Act 2011 (ACT). The court had to determine whether the witnesses' unavailability and the risk of serious mental harm to them if they were to testify again met the criteria for admitting the audio recordings under section 65(3) of the Act. The court also had to consider the reliability and probity of the audio recordings as evidence.
The court found that the witnesses' unavailability was due to their serious mental health conditions, which posed an unacceptable risk of serious mental harm if they were required to testify again. The court concluded that the audio recordings met the criteria for admission as evidence under section 65(3) of the Act, as the witnesses were unavailable due to circumstances beyond their control and the recordings were reliable and probative. The court therefore admitted the audio recordings of the witnesses' evidence as evidence in the re-trial.
The court's orders were that the audio recordings of the evidence of JG, HT, and AD given in the trial of Dennis Michael Nona on 30 and 31 July 2012 be admitted as evidence in his re-trial. The re-trial was scheduled to commence on 1 December 2014.
Orders
Orders of the court
Under section 65(3) of the Evidence Act 2011 (ACT):
(i) The audio recording of the evidence of JG given in the trial of Dennis Michael Nona on 30 and 31 July 2012 be admitted as evidence in his re-trial to commence on 1 December 2014;
(ii) The audio recording of the evidence of HT given in the trial of Dennis Michael Nona on 31 July 2012 be admitted as evidence in his re-trial; and
(iii) The audio recording of the evidence of AD given in the trial of Dennis Michael Nona on 31 July 2012 be admitted as evidence in his re-trial.
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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