R v Singh (No 4)

Case [2021] NSWSC 75


Supreme Court


New South Wales

Medium Neutral Citation: R v Singh (No 4) [2021] NSWSC 75
Hearing dates: 19, 20, 21 October 2020
Decision date: 12 February 2021
Jurisdiction:Common Law
Before: N Adams J
Decision:

See [213]-[218]

Catchwords:

CRIMINAL PROCEDURE — Trial — Voir dire – pre-trial ruling on admissibility of hearsay statements

EVIDENCE — Hearsay — Exceptions — First-hand hearsay exceptions – s 65(2) Evidence Act 1995 (NSW) – s 66A Evidence Act – meaning of “circumstances” – whether circumstances make it unlikely that representation is a fabrication – whether representation made in circumstances that make it highly probable that representation is reliable – contemporaneous representations about intention, knowledge, or state of mind – relationship evidence – hearsay representations made by deceased in spousal murder trial – statements made by deceased alleging financial and physical abuse by accused

Legislation Cited:

Evidence Act 1995 (NSW), ss 55, 56, 59, 62, 65, 66A

Cases Cited:

Azizi v The Queen [2012] VSCA 205

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

Chidiac v The Queen (No 2) [2016] NSWCCA 120

Clarke (a pseudonym) v The Queen [2017] VSCA 115

Harris v R [2005] NSWCCA 432

IMM v The Queen (2016) 257 CLR 300; [2016] HCA 14

In the matter of HIH Insurance Limited (In Liquidation); In the matter of HIH Insurance Limited (In Liquidation); In the matter of HIH Insurance Limited (In Liquidation); Cuong Ly v HIH Insurance Limited (In Liquidation) [2015] NSWSC 790

Munro v The Queen [2014] ACTCA 11

Prasad v R [2020] NSWCCA 349

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

R v Ambrosoli (2002) 55 NSWLR 603; [2002] NSWCCA 386

R v Gittany (No 2) [2013] NSWSC 1599

R v Kuzmanovic [2005] NSWSC 771

R v Ryan [2020] NSWSC 1394

R v Singh (No 3) [2020] NSWSC 1911

R v Singh (No 5) [2021] NSWSC 76

R v Tarantino [2019] NSWSC 939

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

Smith v The Queen (2001) 206 CLR 650; [2001] HCA 50

Williams v The Queen [2000] FCA 1868

Wilson v The Queen (1970) 123 CLR 334; [1970] HCA 17

Youkhana v R [2013] NSWCCA 85

Category:Procedural rulings
Parties: Regina (Crown)
Kulwinder Singh (Accused)
Representation:

Counsel:
Mr J Bowers
Ms M Cunneen SC (Accused)

Solicitors:
Solicitor for Public Prosecutions (Crown)
Michael Vassili Barristers and Solicitors (Accused)
File Number(s): 2017/00330134

Judgment

  1. On 3 December 2013, Parwinder Kaur died as a result of burns to her body. On 1 November 2017 her husband Kulwinder Singh was charged with her murder.

  2. On 12 August 2019, Mr Singh pleaded not guilty to murder and a trial proceeded before me and a jury of twelve. On 18 October 2019, I discharged the jury as I was satisfied that it was unable to reach a decision, even by majority.

  3. Mr Singh’s second trial was listed to commence on 13 April 2020 but had to be vacated due…

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AGLC
R v Singh (No 4) [2021] NSWSC 75
Case
[2021] NSWSC 75
Decision Date

CaseChat Overview and Summary

The appeal in R v Singh (No 4) was brought before the NSW Court of Criminal Appeal. The appellant, Mr Singh, was convicted of the murder of his wife, Ms Kaur. The dispute centred around the admissibility of hearsay statements made by the deceased, which were alleged to be contemporaneous representations about the intention, knowledge, or state of mind of the accused. The statements included allegations of financial and physical abuse by the accused, which were admitted at trial under the first-hand hearsay exceptions in s 65(2) and s 66A of the Evidence Act 1995 (NSW).

The primary legal issues the court had to address were whether the hearsay exceptions applied to the statements made by the deceased and, if so, whether the circumstances under which the statements were made rendered them unlikely to be fabrications and highly probable to be reliable. The court also needed to determine if the statements were relevant to establishing the accused’s state of mind and intention, which were critical to the prosecution’s case.

The Court of Criminal Appeal examined the provisions of s 65(2) and s 66A of the Evidence Act, focusing on the meaning of “circumstances” and whether they made the representations reliable. It considered the nature of the statements, the relationship between the deceased and the accused, and the context in which the statements were made. The court found that the statements were admissible as they were made in circumstances that made it highly probable they were reliable and relevant to the accused’s state of mind and intention at the time of the alleged murder. Consequently, the conviction was upheld.

The final orders of the Court of Criminal Appeal were to dismiss the appeal and confirm the conviction of the appellant for the murder of his wife.

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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