Peter James Harris and Jane Maree Harris v WaterNSW

[2021] NSWCCA 184

NSW Court of Criminal Appeal

View on CaseLaw

Built by Barristers,
For Australian Law.

See how it works

Interrogate

Catchwords

1. Criminal Law
2. › Appeal
3. › Appeal against conviction
4. › Land and Environment Court
5. › Whether trial judge erred in finding elements of charge established
6. › Whether onus of proof reversed
7. › Criminal Appeal Act 1912 (NSW), s 5AB
1. Evidence
2. › Opinion evidence
3. › Distinction between evidence of opinion and evidence of observations
4. › Where recorded observations did not involve forming conclusions by process of reasoning from facts observed
5. › Evidence Act 1995 (NSW), ss 76, 77-79
1. Evidence
2. › Documentary evidence
3. › Documents produced by processes, machines and other devices in course of business
4. › Presumption of accuracy
5. › Evidence Act 1995 (NSW), s 147
1. Evidence
2. › Credibility
3. › Acceptance of witness evidence
4. › Whether trial judge erred in accepting evidence of conversation
5. › Cross-examination on reliability of recollection
6. › Whether evidence amounted to recent invention

Quick Take

Evidence of measurements and readings obtained by field officers using gauging instruments constitutes evidence of direct observations, not opinion evidence under s 76 of the Evidence Act 1995 (NSW), where the process does not involve the officer forming a conclusion or judgment by reasoning from observed facts. Hydrometric data stored in databases qualifies as documents produced by devices or processes in the course of business under s 147 of the Evidence Act 1995 (NSW).