R v Spiteri-Ahern; R v Barber; R v Zraika (No 8)

[2017] NSWSC 1330

Supreme Court

New South Wales

• Amendment notes

Medium Neutral Citation:

R v Spiteri-Ahern; R v Barber; R v Zraika (No 8) [2017] NSWSC 1330

Hearing dates:

28 September 2017

Date of orders:

28 September 2017

Decision date:

28 September 2017

Jurisdiction:

Common Law

Before:

Rothman J

Decision:

Medical records relating to the accused adduced by the Crown admitted to be used only for motive and the establishment of injuries, but not for credit.

Catchwords:

EVIDENCE – medical evidence of injuries to accused – repetitious – nevertheless relevant – not to be used for credit without further express leave

Legislation Cited:

Evidence Act 1995, s 55

Category:

Procedural rulings

Parties:

2014/00180060:
Regina (Crown)
Louise Catherine SPITERI-AHERN (Accused)

 

2014/00180279:
Regina (Crown)
April BARBER (Accused)

  2014/00235123:
Regina (Crown)
Amin ZRAIKA (Accused)

Representation:

Counsel:
2014/00180060:
D Patch (Crown)
J Trevallion (Accused)

 

2014/00180279:
D Patch (Crown)
A Francis (Accused)

 

2014/00235123:
D Patch (Crown)
Dr R Webb (Accused)

   

Solicitors:
2014/00180060:
Office of the Director Public Prosecutions (Crown)
Archbold Legal Solutions (Accused)

 

2014/00180279:
Office of the Director Public Prosecutions (Crown)
Bannisters Lawyers (Accused)

  2014/00235123:
Office of the Director Public Prosecutions (Crown)
Macquarie Lawyers Burwood (Accused)

File Number(s):

2014/00180060; 2014/00180279; 2014/00235123

EX TEMPORE Judgment

1. HIS HONOUR: The material presented by the Crown is a series of medical records relating to the accused Louise Spiteri-Ahern.

2. Mr Trevallion, counsel for Ms Spiteri-Ahern correctly states that those pages, to which he has referred, adequately address the issues associated with what the Crown seeks to prove. The difficulty with that proposition is that once the injuries inflicted on Ms Spiteri-Ahern are relevant, it is a matter for the Crown how they prove it and the extent to which they take, to use the vernacular, a belt and braces approach.

3. That is, the fact that the three pages adequately summarise or state the facts, upon which the Crown relies, does not mean the other pages do not also state or deal with the facts, and the extent of the injury include neck injuries and a range of other factors.

4. It seems to me all of these are capable, which is the test, of rendering more probable, the existence of a fact in issue in the proceedings and I admit the documents: Evidence Act 1995, s 55.

5. I make it clear that unless there is other evidence to which this relates, which itself is admitted for that purpose, the material cannot be used for credit. It can be used only for motive and the establishment of the injuries.

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Amendments

13 April 2023 - Publication restriction lifted.

Decision last updated: 13 April 2023