Full Court Minute Books

Case M23/2024

Steven Moore (a pseudonym) v. The King

Case No.

M23/2024

Case Information

Lower Court Judgment

28/09/2023 Supreme Court of Victoria (Court of Appeal) (Kennedy, Walker, Macaulay JJA)

[2023] VSCA 236

Catchwords

Evidence – Criminal trial – Hearsay – Exclusion of prejudicial evidence – Where appellant charged with seven violent offences and pleaded not guilty – Where appellant accepted he was at complainant's house and engaged in argument, but denied any violence on his part – Where Crown case relies in large part on complainant's account – Where complainant passed away in circumstances unconnected to allegations – Where Crown relied on hearsay rule in s 65 of Evidence Act 2008 (Vic) to adduce representations made by complainant – Where prosecution's notice of intention to adduce hearsay evidence referred to large number of representations by complainant to various people – Where appellant objected to admission of evidence – Where trial judge ruled 67 of 70 previous representations admissible – Where appellant unsuccessfully appealed interlocutory decision to Court of Appeal – Whether Court of Appeal applied wrong standard of review on interlocutory appeal from ruling on admissibility of evidence under s 137 of Evidence Act 2008 (Vic) – Whether Court of Appeal erred in assessing "danger of unfair prejudice to the accused" of admitting evidence.

Documents*

07/03/2024 Determination

20/03/2024 Notice of appeal

18/04/2024 Written submissions (Appellant)

18/04/2024 Chronology (Appellant)

09/05/2024 Written submissions (Respondent)

16/05/2024 Reply

 

*The due dates shown for documents on this page are indicative only.