Event and Time
Event Description
The applicant is on trial for seven charges of violence against the complainant, which allegedly took place from the evening of 30 August 2021 to the early morning of 31 August 2021. The prosecution alleges that the applicant entered the complainant’s home without permission, causing injury, threatening her life, and preventing her from leaving.
Application and Claims
- Prosecution Claims:
- The applicant unlawfully entered the complainant’s home. - During his stay, he violently assaulted her, threatened to kill her, and prevented her from leaving. - Specific actions included strangulation, physical assault, and emotional intimidation.
- Defence Claims:
- The applicant claims he entered the premises with the complainant's permission. - They engaged in an argument, and he denies the allegations of violent behavior.
Judicial Decisions
The trial judge admitted hearsay evidence pursuant to s 65 of the Evidence Act 2008, which allows the admission of certain hearsay statements when the declarant is unavailable to testify. The judge also exercised discretion under s 137 of the Evidence Act, ruling that the probative value of the evidence outweighed any potential prejudice to the applicant. The applicant's leave to appeal was granted regarding the admissibility of hearsay evidence but the trial judge's original decision was upheld.
Dispute Points and Legal Basis
Dispute Points
- Prosecution's Arguments:
- The complainant's statements to third parties are admissible under s 65 of the Evidence Act since she is unavailable to testify due to her death. - The statements are relevant, credible, and reliable, providing strong support for the allegations.
- Defence's Arguments: