Poland v WA

[2015] WASCA 136

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Appeal
3. › Conviction appeal
4. › Unreasonable verdict
5. › Whether open to jury to be satisfied of guilt beyond reasonable doubt
6. › Whether sole offender proved
7. › Criminal Appeals Act 2004 (WA), s 30(3)(a)
1. Evidence
2. › Hearsay
3. › Res gestae
4. › Statements by victim to third parties after assault
5. › Whether sufficiently contemporaneous
6. › Whether spontaneous
7. › Whether special features affecting reliability preclude admission
8. › Evidence Act 1906 (WA), s 21, s 22
1. Evidence
2. › Hearsay
3. › Common law exceptions
4. › Whether new exception based on reliability and probative value should be recognised
5. › Whether intermediate appellate court should extend common law
1. Evidence
2. › Hearsay
3. › Business records exception
4. › Hospital records
5. › Whether statement in hospital notes admissible under s 79C
6. › Requirement of production of document to court
7. › Evidence Act 1906 (WA), s 79C

Quick Take

The requirement of 'production of the document' in s 79C(1) and s 79C(2a) of the Evidence Act 1906 (WA) requires formal presentation of the document to the court during the hearing, but does not require the document to be tendered in evidence. There is no common law exception to the hearsay rule based on reliability and probative value; such an exception, if it is to be recognised, is a matter for the High Court or Parliament. Where a victim has suffered severe head injuries, loss of consciousness, and loss of sight, these constitute special features that may preclude admission of the victim's out-of-court statements under the res gestae doctrine, even where the victim was conscious and communicating at the time the statements were made.