R v Xie (No 7) [2015]

The appellant, a person of Chinese origin, was convicted of drug importation offences. The trial judge admitted into evidence a crime scene officer’s sketch plans which showed the location of drug packaging and other evidence at the appellant’s residence. The sketch plans were not accompanied by the officer’s testimony or any other evidence to confirm the accuracy of the plans. The appellant appealed against conviction on the ground that the sketch plans were inadmissible hearsay evidence and should have been excluded under the common law hearsay rule. The appeal was dismissed by the Court of Appeal. The appellant appealed to the High Court.
The issue for determination was whether the sketch plans were properly admitted into evidence. The question was whether the plans were hearsay and, if so, whether they were admissible under an exception to the hearsay rule. The appellant argued that the plans were inadmissible hearsay as they were not accompanied by the officer’s testimony or any other evidence to confirm their accuracy. The Crown argued that the plans were not hearsay as they were not a statement of fact or belief, but rather a visual representation of the crime scene. The court held that the plans were inadmissible hearsay as they were a statement of fact or belief, as they represented the officer’s observations and conclusions about the crime scene. However, the court held that the plans were admissible under the public records exception to the hearsay rule. The court held that the plans were public records as they were made by a public officer in the course of their duties and were intended to be a record of the crime scene. The court held that the plans were admissible as they were relevant and their probative value outweighed any prejudicial effect.

The appeal was dismissed. The court held that the admission of the sketch plans did not affect the safety of the appellant’s conviction as there was overwhelming evidence of the appellant’s guilt.