R -v- SLATER [2003] WASC 171
| SUPREME COURT OF WESTERN AUSTRALIA | Citation No: | [2003] WASC 171 | |
| Case No: | INS:39/2003 | 28 AUGUST 2003 | |
| Coram: | ANDERSON J | 29/08/03 | |
| 5 | Judgment Part: | 1 of 1 | |
| Result: | Ruling | ||
| A | |||
| PDF Version |
| Parties: | THE QUEEN GRAEME SLATER |
Catchwords: | Criminal law Evidence Admissibility of statement by deceased witness |
Legislation: | Evidence Act, 107 Justices Act 1902 (WA), s 69 |
Case References: | Hill v The Queen [2003] WASCA 177 Birch v The Queen (1994) 12 WAR 292 Galea v The Queen (1989) 1 WAR 450 R v Nalberski (1989) 44 A Crim R 434 Seng Boon Tong v The Queen, unreported; SCt of WA; Library No 970087; 12 March 1997 Ugle v The queen (1989) 167 CLR 647 |
JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
- IN CRIMINAL
- Applicant
AND
GRAEME SLATER
Respondent
Catchwords:
Criminal law - Evidence - Admissibility of statement by deceased witness
Legislation:
Evidence Act, 107
Justices Act 1902 (WA), s 69
Result:
Ruling
(Page 2)
Category: A
Representation:
Counsel:
Applicant : Mr K P Bates & Mr T G E Wilson
Respondent : Mr C L Lovitt QC
Solicitors:
Applicant : State Director of Public Prosecutions
Respondent : Laurie Levy & Associates
Case(s) referred to in judgment(s):
Hill v The Queen [2003] WASCA 177
Case(s) also cited:
Birch v The Queen (1994) 12 WAR 292
Galea v The Queen (1989) 1 WAR 450
R v Nalberski (1989) 44 A Crim R 434
Seng Boon Tong v The Queen, unreported; SCt of WA; Library No 970087; 12 March 1997
Ugle v The queen (1989) 167 CLR 647
(Page 3)
1 ANDERSON J: Yesterday I heard an application by the Crown for liberty to adduce evidence in the form of a written statement of a deceased witness, Carla Marie Tulimowski. The application is made pursuant to s 107 of the Evidence Act.
2 Ms Tulimowski was a senior constable and forensic investigation officer attached to the Fingerprint Bureau, Forensic Division, Western Australian Police Service. According to her statement she assisted in a search of the accused's premises on 6 December 2001 in company with other police officers. In her statement she says that she searched the master bedroom and on the top shelf of a side cupboard of a cabinet she found a number of items including a Nokia 3310 Owner's Guide. In her statement she says that she examined the Guide and saw handwriting in blue ink on the back cover of the Guide comprising numbers and letters which she read to be 7LL 700. The Owner's Guide was then photographed by another officer and handed to the exhibit's officer who recorded it as an exhibit. Her statement goes on to detail the manner in which the particular exhibit was later dealt with.
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- R v Slater [2003] WASC 171
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- [2003] WASC 171
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CaseChat Overview and Summary
The court's reasoning involved assessing whether the statement met the requirements of the Evidence Act and the Justices Act 1902 (WA). Anderson J determined that the statement was admissible as it complied with the statutory requirements, forming part of the hand-up brief tendered in the Court of Petty Sessions. The judge also considered the fairness and discretion to exclude the evidence, weighing the potential prejudice against the probative value and the availability of cross-examination. Anderson J concluded that there was no compelling reason to exclude the statement on fairness grounds, as the line of cross-examination proposed by the defence was unlikely to be successful. The judge found that the evidence was highly prejudicial but also central to the case, a factor that weighed in favor of its admissibility.
Ultimately, the court ruled that the evidence should not be excluded on discretionary grounds, allowing the statement to be admitted. This decision was based on the belief that the prejudicial effect did not solely arise from the content being disadvantageous to the accused, and the probative value outweighed the potential prejudice.
Orders
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Evidence
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