A deceased's out-of-court statements about suspicions of being drugged by the accused are admissible under s 93B of the Evidence Act 1977 (Qld) where the statements are attributable to the relationship between the deceased and the accused and their mutual dealings, as distinct from reports of third-party statements (which were held inadmissible in R v Lester). Where competing psychiatric evidence is led on diminished responsibility under s 304A of the Criminal Code 1899 (Qld), the jury is entitled to prefer the prosecution psychiatrist's evidence and convict of murder.
The full text is available to signed-in members, including the 1 later case that cites this judgment.
1 of the 1 citing case carries a classified treatment. How each court treated it is available to signed-in members.